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GLOBAL
1989–2019
YEARS
PRISON
TRENDS
2019
SPECIAL FOCUS
Pull-out section
Healthcare
in prisons
Global Prison Trends 2019 Penal Reform International The Thailand Institute of Justice
(PRI) is an independent (TIJ) is a public organisation
This document is co-published and
non-governmental organisation established by the Government
produced with financial assistance
that develops and promotes of Thailand in 2011 and officially
from the Thailand Institute of Justice
fair, effective and proportionate recognised by the United Nations
(TIJ). It is the fifth edition in Penal
responses to criminal justice Office on Drugs and Crime as
Reform International’s (PRI) Global
problems worldwide. the latest member of the United
Prison Trends series.
Nations Crime Prevention and
We promote alternatives to prison that
This report was authored by Criminal Justice Programme
support the rehabilitation of offenders,
Vicki Prais and Frances Sheahan. Network Institutes in 2016.
and promote the right of detainees
The authors drew on information
to fair and humane treatment. We One of the primary objectives of
provided by contributors to PRI’s
campaign for the prevention of torture the TIJ is to promote and support
expert guest blog series available
and the abolition of the death penalty, the implementation of the United
at www.penalreform.org/blog and
and we work to ensure just and Nations Rules for the Treatment of
information kindly provided by
appropriate responses to children and Women Prisoners and Non-custodial
partner organisations. The report
women who come into contact with Measures for Women Offenders
was edited by Martha Crowley.
the law. (the Bangkok Rules).
Its contents are the sole
We currently have programmes in In addition, the TIJ strives to serve
responsibility of PRI.
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This publication may be freely Central Asia, the South Caucasus and ideas to local practices with an
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Acknowledgements
Dr Catherine Appleton, University Aisha Osman, Penal Reform Sunita Stürup-Toft, Public Health
of Nottingham International England & WHO UK Collaborating
Jean-Sébastien Blanc, Association Oscar Ouedraogo, Penal Reform Centre for Health in Prisons
for the Prevention of Torture International Programme
Dr Miranda Davies, Nuffield Trust Jaanki Patel, Penal Reform Dr Philippa Tomczak, University
International of Nottingham
Dr Abigail Dymond, University
of Exeter Stephen Pitts, Independent Rozelien Van Erdeghem, Penal
Consultant, community-based justice Reform International, University
Dr Matti Tapani Joutsen, Thailand
of Vienna
Institute of Justice Dr Emma Plugge, WHO UK
Collaborating Centre for Health in Professor Dirk van Zyl Smit,
Dr Ian Marder, Maynooth University
Prisons Programme, Public Health University of Nottingham and Chair
Matthew Mcevoy, Omega Research of Penal Reform International
England & Tropical Medicine, Nuffield
Foundation
Department of Medicine, University
Marie Nougier, International Drug of Oxford Cover photo © Carlos Jasso for Reuters.
Policy Consortium Yoga class inside a juvenile detention
Prarthana Rao, Thailand Institute centre – part of a voluntary programme
Cholpon Askerbekovna Omurkanova, of Justice that uses yoga to reduce stress, violence
Chair of the Public Council and addiction amongst detainees in
Professor Mary Rogan, Trinity
of the State Service of Execution juvenile centres in Mexico City.
College Dublin, the University
of Punishment under the Government
of Dublin Graphic design by Alex Valy.
of the Kyrgyz Republic
Chiara Sangiorgio, Amnesty Printed on recycled paper, manufactured
International using 100% post-consumer waste.
CONTENTS
Contents
Foreword 2
Introduction 3
Key facts and figures 4
1. Crime and imprisonment 7
Crime rates and the use of imprisonment 7
Prison overcrowding 8
Closing space for civil society 10
Restorative justice 11
2. Trends in the use of imprisonment 12
Pre-trial detention 12
Sentencing 13
Death penalty 15
Life imprisonment 16
Drugs and imprisonment 18
3. Prison populations 20
Women 20
Foreign national prisoners, minorities
and Indigenous peoples 21
Children and young people 22
Elderly people 25
Lesbian, gay, bisexual, transgender and intersex people 26
4. Prison management 27
Security and violence 27
Prison staff 28
Contact with the outside world 31
Rehabilitation and reintegration 33
Fragile and conflict-affected states 34
Violent extremism in prison 35
5. Role and use of technologies 37
6. Alternatives to imprisonment 40
Key recommendations 42
Endnotes 44
CENTREFOLD
Special Focus 2019 (pull-out section)
Healthcare in prisons
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 |1
FOREWORD
Foreword
The daily life of a prison is a mirror The right to healthcare that is the spread of infectious diseases and
reflection of society, as Nelson accessible, acceptable, high quality act as a catalyst for the destabilisation
Mandela said in 1998: ‘The way and safe is an inalienable human right, of prisons. The UN Standard Minimum
that a society treats its prisoners is and is the subject of this edition’s Rules for Non-custodial Measures
one of the sharpest reflections of Special Focus. Article 12 of the (the Tokyo Rules) call on states to use
its character.’ The 2019 edition of International Covenant on Economic, alternative measures to imprisonment
Global Prison Trends, produced by Social and Cultural Rights and Rule 24 more widely, taking into account the
Penal Reform International and the of the UN Standard Minimum Rules political, economic, social and cultural
Thailand Institute of Justice, highlights for the Treatment of Prisoners (the conditions of each country, as well as
the following issues within prisons Nelson Mandela Rules) oblige states the goals and objectives of its criminal
systems: overcrowding; a lack of to provide prisoners with medical justice system. Alternative measures
effective programmes for rehabilitation care in case of health problems, and enable offenders to avoid the negative
and reintegration; an emphasis on to not discriminate against offenders consequences of imprisonment. In
security above all; insufficient staff and because of their status as prisoners. many parts of the world, alternative
low wages; the influence of criminal Each prison should make efforts to measures are still at a developmental
subcultures; the vulnerable position of ensure that prisoners are treated by stage and greater collaboration and
women, children, the elderly, prisoners qualified medical personnel and are cooperation is needed to ensure
with disabilities and ethnic and racial provided with appropriate medicines their effectiveness.
minorities; insufficient or ineffective and healthcare services. Vulnerable
application of alternative measures to categories of prisoners – such as
imprisonment; and violent extremism women, children, the elderly and Cholpon Askerbekovna Omurkanova
and radicalisation in prisons. people with disabilities – need Chair of the Public Council of the State
additional guarantees of access to Service of Execution of Punishment under
Within Global Prison Trends 2019,
medical care. The aim of Goal 3 of the Government of the Kyrgyz Republic
the chapter on prison management
the Sustainable Development Goals
deserves special attention. Prison
– agreed by United Nations member
management should be implemented
states in 2015 – is to ‘ensure healthy
by well-trained and professional staff,
lives and promote well-being for all at
and the human rights of prisoners
all ages’ by 2030. Thus, by ensuring
should be respected, including the
appropriate prison health services and
right to non-discrimination. There
the well-being of those in custody,
should be safe conditions for all
prisons have an important role in
members of the prison, opportunities
promoting the health of some of the
for constructive dialogue with society,
most disadvantaged people in society
transparency, and accountability.
and in contributing to the achievement
In many countries, work in prisons
of Sustainable Development Goal 3.
is menial and low-paid, and is not
seen as an opportunity to gain skills In most countries, preference is still
for future employment. In prison given to imprisonment, including for
management, women are not afforded minor offences. The consequence of
equal status and many prisons still this policy is the criminalisation of high
cannot provide staff with decent and numbers of people, as well as prison
acceptable working conditions. overcrowding – which can increase
2| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
INTRODUCTION
Introduction
2019 marks the third year of children, women, older people, and The prison environment as a whole
collaboration between Penal Reform lesbian, gay, bisexual, transgender and impacts the health of prisoners, and
International and the Thailand Institute intersex prisoners. prison health is not limited to the
of Justice to create Global Prison provision of healthcare. As in previous
In this edition’s Special Focus, we
Trends. The spirit of this partnership editions of Global Prison Trends,
highlight the impact prison can have
lies in the acknowledgement that we look at the causes of prison
on the physical and mental health of
lasting, effective change cannot be overcrowding – a factor that negatively
prisoners. Goals 2, 3 and 6 of the
achieved in isolation. In the past impacts the health of all prisoners
Sustainable Development Goals on
decade, while there have been – which include the unnecessary
hunger, health, and water and sanitation
numerous positive steps in criminal use of pre-trial detention, ineffective
are all related to the basic needs of
justice and prison reform – such as criminalisation of drug users, and
prisoners – which are not met in many
the adoption of the revised UN Nelson disproportionate increases in the length
prison systems around the world.
Mandela Rules and the UN Bangkok of sentences, including a massive
We believe that the primary purposes
Rules – there are also many challenges increase in life sentences since the
of prison are rehabilitation and
that still need to be overcome. Only beginning of the century.
reintegration. Rehabilitation is, however,
with this spirit of collaboration and
only possible if prisons enable offenders Through Global Prison Trends 2019,
multi-stakeholder engagement can we
to rebuild their lives, by learning, we hope to show that society as a
move towards a more humane criminal
developing and preparing to positively whole is affected by the management
justice system. The fifth edition of
contribute to society. Prisoners often of criminal justice and prison systems.
Global Prison Trends is our joint effort
have higher prevalence of physical We aim to inform policymakers and civil
to provide a platform to bring pressing
and mental illnesses than the general society alike: turning our attention to
issues related to crime prevention and
population, but healthcare in prison building fair and effective criminal justice
criminal justice to the foreground.
is too often neglected across high, systems will help to strengthen respect
This year, Penal Reform International medium and low-income countries. for human rights, which in turn will help
is also proud to celebrate its 30th to solidify the rule of law and achieve
As well as healthcare for prisoners,
anniversary. As we reflect back on the the Sustainable Development Goals.
ensuring that care is given to the health
past 30 years, it is clear that there are
of prison staff is also vital. Staff health
certain groups of people in prison who
has an impact on the attention given
are especially vulnerable and whose Florian Irminger Dr Kittipong Kittayarak
to the health of prisoners. Healthy
needs must be addressed. Designed, Executive Director Executive Director
prison staff are obviously better
built and managed for men, our Penal Reform Thailand Institute
equipped to deal with the particularly
criminal justice systems continue to be of Justice
stressful situations they encounter, such International
mostly ill-equipped to respond to the
as self-harm, violence against others in
needs of specific populations, such as
prisons and suicide.
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 |3
KEY FACTS AND FIGURES
More than
10million
Men, women and children are
BUT PRISON
IN PRISON WORLDWIDE CRIME
rates are in
POPULATIONS
DECLINE are INCREASING
30%
Prisons are
OVERCROWDED
121
In at least
of detainees are
AWAITING TRIAL,
presumed
innocent
• Worldwide, prisoners COUNTRIES
disproportionately come
from MARGINALISED
and POOR backgrounds According to one UK study
95%
The number of
of
Around the world
& WOMEN CHILDREN
CHILDREN
53%
become displaced from
GIRLS the family home when a
in prison MOTHER goes to prison
are DETAINED or increased by
LIVE in prison between
2000 2017 WOMEN
PRISONERS
are often harshly
Causing them
BUT sentenced for
long-term
PRISONS that cater 1 MORALITY
PSYCHOLOGICAL > Compromised
for a predominantly male CRIMES
cognitive
and PHYSICAL
development prison population are 2 DRUG
HARM > Post-traumatic ILL-EQUIPPED to OFFENSES
stress address the needs of
> Increased women prisoners
suicide risk
A growing number of A high proportion of women
prisoners:
CHILDREN are being detained 1 Lack of gender-specific
• commit minor non-violent
in the context of healthcare:
offences
> Increased risk of ill-health
COUNTER-TERRORISM • re driven to offend due
a
operations 2 Inadequate or non-existent to poverty
rehabilitation opportunities: • are victims of abuse
> Reinforced discrimination • have mental health and/or
> Higher risk of reoffending drug-related issues
4| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
KEY FACTS AND FIGURES
The number of
PEOPLE in PRISON
20%
increased by
The use of the
BUT this is linked to an
between DEATH INCREASED USE in
2002 2015
PENALTY LIFE
is DECREASING SENTENCES
The number
DRUG- OVERCROWDING of prisoners serving
RELATED creates LIFE SENTENCES
increased by
84%
convictions INSANITARY and VIOLENT
FAIL TO REDUCE
drug consumption or
drug-related crimes,
PRISON
but INCREASE
prison
CONDITIONS 2000
between
2018
populations > HARMFUL to prisoners’
physical and mental
wellbeing
> impede REHABILITATION
In many countries SOLITARY
PRISONERS
are still CONFINEMENT
PREVENTED is still
WIDELY USED
despite its severe
STAFF detrimental effect
SHORTAGES on mental health
and budget cuts in many
countries have led to an increase in
from having regular VIOLENCE TORTURE
CONTACT in prison, where and degrading
with the
STAFF ARE AT RISK treatment of prisoners
OUTSIDE WORLD for their physical and
isPREVALENT
mental wellbeing
in many countries
Death in prisons:
SUBSTANDARD prison conditions and
SUICIDE • Female prison officers
are a minority and many
POOR TREATMENT of prisoners leads to serious
is the single most
common cause
face HARASSMENT
at work, both from HUMAN RIGHTS
VIOLATIONS
prisoners and other staff
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 |5
CRIME AND IMPRISONMENT
Prison officer in prison corridor, Japan.
Worldwide, the
common thread
is that prisoners
disproportionately
come from poor
and marginalised
backgrounds
6| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019CRIME AND IMPRISONMENT
PART ONE
Crime and
imprisonment
Crime rates
and the use
of imprisonment
Despite the efforts made by the vulnerable.7 A report by the global Europe. Outside of Russia, Europe’s
international community to harmonise initiative Know Violence in Childhood8 prison population has increased
how crimes are categorised,1 it estimated that at least three out of by three per cent. The significant
remains a challenge to accurately every four of the world’s 1.7 billion decrease in Russia’s prison population
measure crimes rates across the children had experienced some form has led to the closing of 93 prisons
world. This is not least because of of interpersonal violence, cruelty or in the last seven years.12
the fragmented and incomplete data abuse in their daily lives during 2015,
The US still maintains its position
available. However, there is evidence regardless of whether they lived in
as the country with the world’s
to suggest that there has been an rich countries or poor, in the global
highest national rate of imprisonment
overall decrease in the rate of crime North or the global South. Although
(675 prisoners per 100,000 of the
globally, although there are large violence against children is a universal
national population), far ahead of the
variations regionally and between phenomenon, regional differences do
next countries on the list – El Salvador
countries.2 There are two notable areas exist. For example, the highest rates
(597 per 100,000) and Turkmenistan
where the rates of offending have of physical and sexual violence against
(552 per 100,000). Significant changes
increased significantly: cybercrime children were found in Africa, the
have taken place in individual countries
and drug-related crimes.3 With Middle East and South Asia, while the
since the 11th World Prison Population
regard to the increase in cybercrime,4 highest homicide rates were in Latin
List was produced in 2015. From
one (unproven) hypothesis is that America and West and Central Africa.
2015 to 2018, there was a large
‘traditional’ crime has not necessarily
The 12th edition of the World Prison increase in the rate of imprisonment in
decreased but has migrated or
Population List, produced by the Cambodia (a 68 per cent increase in
‘reinvented’ itself in the context
Institute for Criminal Policy Research prisoners per 100,000 of the national
of cyberspace.5
(ICPR) in 2018, estimates that there population), Nicaragua (61 per cent),
The crime of intentional homicide were over 11 million people in prison Egypt (53 per cent) and the Philippines
is regarded as one of the most globally in 2018, either in pre-trial (48 per cent). There have also been
measurable and comparable indicators detention or after conviction and large decreases in the past three years
for monitoring rates of violent deaths, sentence.9 Around half of all prisoners in Mexico (23 per cent) and Romania
and is often considered both a proxy are in just four countries – the US, (22 per cent).
for violent crime as well as an indicator China, Russia and Brazil.
There is no simple explanation for
of levels of security within countries.
There are very significant regional these widely varying rates in the
While an overall decline in intentional
differences in prison populations. use and over-use of imprisonment.
homicide was observed from 2004 to
Since 2000, the total prison population However, the ICPR finds that ‘the net
2015,6 there were significant regional
in Oceania has increased by 86 per result of these divergent trends is a
variations and high concentrations
cent; in the Americas by 41 per world in which the rate of increase
of intentional homicide in certain
cent; in Asia by 38 per cent; and in in the known total prison population
countries and within very specific
Africa by 29 per cent. Particularly (3.7 per cent) continues to exceed
urban areas. Latin America is the
large increases have been recorded the increase in the general population
region with the highest homicide rates
in South America (175 per cent) and (3.0 per cent)’.
in the world. However, this violence
Southeast Asia (122 per cent).10
is concentrated in certain countries The size of the prison population
In Europe, by contrast, the total
and cities. is defined by two simple factors:
prison population has decreased by
how many people are sent to prison
Based on available data, men account 22 per cent,11 reflecting large falls in
and how long they are kept there.
for 80 per cent of homicide victims prison populations in Russia (45 per
Explanations for an increase in the
globally, with young men particularly cent) and also in Central and Eastern
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 |7CRIME AND IMPRISONMENT
use of imprisonment that outpaces An interesting case in point is Worldwide, the common thread is that
the increase in the global population Kazakhstan, where the prison prisoners disproportionately come from
need to be sought at local levels. population fell from 57,000 in 2011 poor and marginalised backgrounds.
They are likely to include a highly to 35,000 in 2018.13 This was achieved A large number come into conflict with
complex mix of criminal justice policies in part by reducing the length of prison the law due to reasons connected to
and practices (such as ‘tough on terms, with the average sentence poverty. Once in the system, they lack
crime’ policies and longer sentences) decreasing from nine and a half years the financial resources to afford proper
and social, cultural and economic to eight and a half, and in part by legal representation or monetary
factors (such as rising inequalities). the increased use of non-custodial bail and are more likely to be given
Evidence of a relationship between sanctions for minor offences. Along prison sentences than non-custodial
levels of imprisonment and rates with this fall in the prison population, options. A cycle of deprivation is then
of criminal activity remains highly measures to encourage the recording created, from which people struggle
contested and many researchers of crimes were strengthened in to break free. This cycle perpetuates
assert that there is very little evidence Kazakhstan – but the overall crime rate itself through generations, as evidence
that the use of imprisonment effectively has still declined.14 suggests that children of prisoners
lowers criminal offending. are also more likely to end up in the
criminal justice system themselves.15
Prison
overcrowding
Prison overcrowding persists as recently that 518 men were crowded to release up to 3,000 prisoners in
a global concern, and in large part into a space meant for 170, and that Zimbabwe.23 In Côte d’Ivoire, more
is caused by the excessive use of on at least one shift, there was only than 4,000 prisoners accused of
pre-trial detention. Data from the one correctional officer on duty for non-political crimes were pardoned
ICPR shows that in 121 countries, every 528 prisoners.18 The Philippines in January 2018 and a further 4,000
the number of prisoners exceeds the Commission on Audit stated that: were pardoned in September,24 while
official prison capacity.16 This is likely ‘congestion in jails leads not only to in Egypt over 700 prisoners received
to be an underestimate of the true health and sanitation problems but a presidential pardon.25
picture, not least because particular also to increased gang affiliation of
In Israel there were plans to release
prisons or sections of prisons can be inmates. To sustain survival, inmates
prisoners early26 in response to a
overcrowded even if the prison system hold on to gangs or “pangkat” where
2017 High Court ruling that the
as a whole is not. they find protection, network of social
state should provide at least three
support and most importantly, access
The impact of overcrowding on the square metres of living space for
to material benefits.’19
lives of prisoners can be enormous, prisoners; in some prisons in Israel,
leading to insanitary and violent Strategies for addressing overcrowding prisoners only have 2.2 square metres
conditions that are harmful to their are set out in comprehensive detail per person – while the standard
physical and mental well-being and in different international and regional set by the European Committee
which do not support rehabilitation. guidelines and tools.20 On the whole, for the Prevention of Torture and
Staff working in overcrowded prisons they entail strengthening crime Inhuman or Degrading Treatment
are also at risk and are more likely prevention measures, expanding the or Punishment (CPT) is six square
to face potential violence, the risk use of alternatives to both pre- and metres for a single-occupancy cell
of contracting infectious diseases, post-trial detention (see Pre-trial and four square metres per prisoner
and increased stress and mental detention, page 12 and Alternatives for a multiple-occupancy cell.27
health issues. When prisons are to imprisonment, page 40), reviewing
Another common solution to
overcrowded, prison management the length of sentences, limiting the
overcrowding is to build more prison
and resources are so stretched that use of recall of prisoners on parole
capacity. For example, a new prison
they are only able to provide the basic or probation, and ensuring consistent
is due to be opened this year in
necessities for those under their care. sentencing practices.
Cambodia, where prisoners can
The Philippines has the most Amnesties and pardons continue pay to be detained in a building
overcrowded prisons in the world, to be used as a short-term solution with additional space.28 In Slovakia,
and its institutions are currently to overcrowding, as well as for the Justice Ministry plans to build
operating at 463 per cent capacity.17 other more politicised purposes. In a new prison with capacity for
This can be largely attributed to September 2018, over 2,000 prisoners 832 prisoners,29 while in Bangladesh
President Rodrigo Duterte’s ‘war on were released in Rwanda, including there were proposals for temporary
drugs’ that has resulted in a huge some high-profile political detainees.21 sheds to be built to accommodate
increase in arrests in recent years. A new amnesty law was introduced the expanding prison population.30
In Manila City jail, it was reported in Bolivia,22 and there were plans
8| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019CRIME AND IMPRISONMENT
A prisoner sleeps on the top of a bunk
bed placed in the communal area
outside cells due to overcrowding, US.
Prison
overcrowding
persists as a
global concern,
and in large part
is caused by
the excessive
use of pre-trial
detention
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 |9CRIME AND IMPRISONMENT
Elsewhere, there were moves towards to decriminalise petty offences in RECOMMENDATION 01
a more sustainable and long-term order to address prison overcrowding Prison overcrowding needs
approach to reducing overcrowding. and in recognition of the fact to be addressed as a key factor
In Nigeria, a Presidential Advisory that criminalising such offences affecting the physical and
Committee was established in order ‘contributes to discrimination and mental health of prisoners
to focus efforts on decongesting marginalisation by criminalising and staff. States should put
the country’s prisons, which have poverty, homelessness and measures in place to strengthen
a 136 per cent occupancy rate.31 unemployment, and impact[s] the crime prevention, decriminalise
In 2018 the African Commission on poorest and most marginalised petty offences, review the
Human and Peoples’ Rights produced persons in our communities’.32 proportionality of sentencing
guidelines urging states and increase the use of
alternatives to imprisonment.
Closing space
for civil society
Civil society organisations33 play a vital mandated to conduct regular visits have grown more confident’.37 Civil
role within criminal justice and prison to all types of places where persons society actors that engage in politically
systems. They act as watchdogs are deprived of their liberty.34 Civil sensitive or human-rights related
and highlight human rights abuses society organisations often have activities are particularly targeted,
and corruption; provide legal aid a specific role as part of NPMs. and restrictions are in part driven by
services to defendants and prisoners; According to the Association for the heightened international focus on
monitor conditions and treatment the Prevention of Torture (APT), the counter-terrorism.
inside prisons through formal and benefit of this is to supplement the
Such restrictions have affected
informal mechanisms; link prisoners resources and expertise of existing
how civil society organisations
with their families and communities; institutions and to ‘help to legitimize
can access funding and how
support prison staff; advocate for both an NPM’s mandate and its
they engage with governments.
transparency and accountability; share credibility as an institution, not least
For instance, since 2012 Russia
information, knowledge and skills to because civil society organisations
has obliged foreign-funded civil
build consensus on evidence-based are often structurally independent
society organisations engaged in
law and policy; and offer services from government’.35
‘political activities’ to register as
and programmes that are essential
Whether working within NPMs or ‘foreign agents’, while in Ethiopia,
for prisoners’ rehabilitation and
providing reintegration support, civil the government has prohibited
reintegration into society on release.
society needs to be able to operate organisations working on human
Crucially they bridge the gap between
within an enabling environment. rights issues from receiving more
communities and prisons and bring
This means working in favourable than 10 per cent of their funding
a sense of normality to prison settings
economic, political, social, cultural from abroad (it should be noted that
that are often far from normal.
and legal conditions that allow citizens this law is currently being revised).
Civil society organisations also to engage with civil society. In the In Egypt, a 2017 law governing civil
play a role in the work of external past decade, there has been an society prohibits engagement ‘in
prison monitoring bodies, such as alarming trend towards restricting the any work of political nature’ and
national human rights institutions, space that civil society can operate requires organisations to seek prior
Ombudspersons, health inspectorates in. According to data from the permission before cooperating with
or anti-corruption bodies. As of International Center for Not-for-Profit any foreign entity.38
October 2018, 88 United Nations Law, between 2004 and 2010 more
Restrictions on the legal and regulatory
(UN) member states had ratified the than 50 countries considered or
environment in which organisations
Optional Protocol to the Convention enacted measures restricting civil
operate have also constrained their
against Torture and other Cruel, society.36 The global alliance CIVICUS
ability to fulfil their role properly. The
Inhuman or Degrading Treatment reported that in 2018 there were
UN Special Rapporteur on the rights
or Punishment, and 70 of these serious systemic problems with the
to freedom of peaceful assembly
states have now designated National space for civil society in 109 countries,
and of association describes how
Preventive Mechanisms (NPMs) – and concluded that ‘the enemies
having a complex legal environment
torture prevention monitoring bodies of human rights and social justice
10 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019CRIME AND IMPRISONMENT
relating to the functioning of civil harassment, criminal prosecution RECOMMENDATION 02
society ‘has the effect of destabilizing and intimidation. In other cases, it Civil society organisations
and intimidating associations by has resulted in organisations closing, working in prisons and
generating confusion and increasing moving or adapting to the new advocating for criminal justice
the administrative burden of continuing environment. The impact is often and prison reform need to
their activities, while instilling fear of felt more acutely in countries where operate in a secure space, free
action among their members’.39 prison systems are under-resourced from attacks and without the
and rely on civil society to provide imposition of unnecessary or
The impact of closing space for civil
material support for prisoners. It is arbitrary restrictions. States
society of course varies from country
more intangible when organisations should ensure a safe and
to country and sector to sector.
internalise a sort of self-censorship enabling environment for civil
However, organisations working on
and move away from working on more society that is supported by a
issues around criminal justice and
sensitive issues (such as exposing the robust national legal framework
prison reform are often impacted
use of torture in detention facilities) and which is grounded in
the most, because of the human
to working on less sensitive ones international human rights law.
rights focus of their work. In some
(such as the provision of services
cases, this has resulted in attacks,
to prisoners leaving prison).
Restorative
justice
Restorative justice processes include conflicts between prisoners or reducing the number of children in
mediation, conciliation, conferencing between prisoners and prison officers) detention across the criminal justice
and sentencing circles, and are and ‘proactive applications’ (such as system more widely.48
defined as any process in which the building relationships within criminal
A number of other countries have
victim, offender and other relevant justice institutions or communities).
announced new initiatives. The Ministry
individuals or community members Restorative justice principles also
of Justice in Jamaica is looking to
affected by a crime actively participate feature as part of the implementation
establish more restorative justice
together in the resolution of matters of the European Union (EU) Victims’
centres to complement the nine
arising from that crime, generally with Rights Directive.42
centres that have been established
the help of a facilitator. Restorative
Civil society organisations and other since the adoption of the Restorative
justice has long been used in informal
stakeholders are now looking at Justice Act in 2016.49 The Justice
legal systems and, in recent years,
ways in which the Recommendation Department in Alberta, Canada,
there has been a significant expansion
can be successfully implemented.43 pledged an additional CAD$4.5 million
in its use within formal legal systems.
In Scotland, the government has to its victims of crime fund, which
Although there are barriers to its
committed to making restorative includes funds to pay for restorative
uptake – such as concerns about due
justice services widely available justice measures.50 Since November
process and net-widening – there is
across the country by 202344 and 2018, survivors of domestic or sexual
a growing evidence base that it can
to publishing a Restorative Justice violence in Australia have, for the first
be cost-effective, aid in victim recovery,
Action Plan in 2019, and has also time, been able to access restorative
and help reduce recidivism. It is now
issued statutory guidance for service justice services, although given the
commonly used in several countries
providers and facilitators.45 serious risk of traumatising individuals
and regions such as Australia, North
who have experienced abuse,
America, Europe, and Central and In the last few years, there has been
mediated sessions will only take place
Eastern Asia, whether as part of a trend in several Eastern European
under strict conditions.51
sentencing or at other points within and Central Asian countries towards
criminal justice proceedings. the development of new codes on
justice for children, many of which RECOMMENDATION 03
A key development in the use of
have incorporated progressive Policymakers, practitioners and
restorative justice was the adoption of
restorative justice principles. The other professionals involved in
a Council of Europe Recommendation
Albanian Code of Juvenile Justice criminal justice should promote
in 201840 stating that it should be a
for example requires that alternative and use restorative justice
‘generally available service’, rather than
measures aimed at the enforcement processes in a way that is safe,
being contingent on the type of crime,
of restorative justice be considered effective and evidence-based.
the age of the offender, the stage of
as a first option.46 In Georgia, the
the criminal justice process or the
Juvenile Justice Code, adopted in
geographical location of the victim.41
2015, makes specific provision for
The Recommendation also promotes
diversion and mediation programmes
the use of restorative justice outside of
that are supervised by social workers
criminal justice procedures in ‘reactive
employed by the National Probation
applications’ (such as resolving
Agency.47 This has been pivotal in
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 | 11TRENDS IN THE USE OF IMPRISONMENT
PART TWO
Trends in
the use of
imprisonment
Pre-trial detention
Pre-trial detention should be an guilty. In addition, they are often held suggests that its over-use has led
exceptional measure – only to be used for long periods in pre-trial detention to a widespread perception that the
when necessary and proportionate and and subsequently acquitted or given justice system is broken. Cynicism and
in compliance with the presumption of a community-based sanction. For disdain for the rule of law has in turn
innocence and the right to liberty.52 Its example, research conducted by Penal contributed to popular support for the
use is only acceptable as a measure Reform International (PRI) in 2016 on belief that citizens should take matters
of last resort and in very limited women serving community sentences into their own hands and respond
circumstances.53 Around 30 per cent in Kenya showed that of 97 women themselves to criminality.62
of prisoners globally have not been offenders interviewed, 87 per cent had
Lack of access to legal representation
convicted and in some countries over been in pre-trial detention before being
and inability to pay monetary bail are
60 per cent of people in prison are in given community sanctions. Most had
common drivers of the excessive use
pre-trial detention.54 There were close not been granted bail and those who
of pre-trial detention and are closely
to three million people held in pre-trial were could not meet the monetary bail
linked to poverty. A 2018 audit by
detention and other forms of remand terms or security required.59
the Office of the Director of Public
imprisonment throughout the world on
The impact on individual prisoners Prosecutions in Kenya revealed that
any given day in 2016, when the most
of any period of time spent in pre-trial nine out of 10 pre-trial prisoners had
recent figures were published.55 This
detention can be devastating, but it been granted bail or bond but could
figure is likely to be an underestimate,
is worse if the detention is protracted. simply not afford the terms, and
as it does not include detention in
People taken into pre-trial detention approximately the same proportion
police custody. The total number
are uprooted from their community had no legal representation.63 In June
remanded into custody each year is
and social and family connections 2018, California became the first
of course much higher, reaching a total
are disrupted. They are also at risk of state in the US to abolish the cash
of approximately 14 million people.56
feeling pressured into pleading guilty bail system for suspects awaiting
Since 2000, the numbers of pre-trial in order to obtain lesser sentences. criminal trial; defendants will instead
prisoners have grown rapidly in the According to the Open Society be released if they are deemed likely
Americas (an increase of 60 per Foundation, prisoners in pre-trial to appear for court hearings and pose
cent) and Asia (34 per cent), while in detention are commonly held in worse little danger to the public – this will
Oceania the pre-trial population has conditions than convicted prisoners be determined by a risk assessment
grown by as much as 175 per cent.57 and are at increased risk of being process that uses data and
Africa and Asia have seen a far more tortured.60 A 2018 global report on mathematical formulas to generate
modest rise, but pre-trial prisoners children held in pre-trial detention risk scores.64 Some organisations
still constitute over 40 per cent of the found that time spent in pre-trial have argued that the new process will
prison population in much of Africa detention results in an increased risk not sufficiently address racial bias in
and in many countries in southern and of torture; false confessions and unfair decision-making and may in fact result
western Asia. In Europe by contrast, plea bargains; increased corruption; in an overall increase in the rate of
the pre-trial prisoner population has physical and mental abuse; prison pre-trial detention.65
fallen by 42 per cent since 2000.58 overcrowding; long-term social
Other reasons behind the excessive
and developmental impacts; and
Data on the length of time people use of pre-trial detention include a lack
increased recidivism.61
spend in pre-trial detention is hard to of adherence to time limits, which are
find. However, research suggests that Excessive and prolonged pre-trial imposed in order to regulate the time
remand prisoners can be detained detention can also have a wider spent in pre-trial detention. Where
for excessive periods of time that detrimental impact on public such time limits do exist, there can be
are often disproportionate to the perceptions of the justice system. a lack of appropriate record-keeping
sentence they would receive if found Recent research in the Philippines to help ascertain how long detainees
12 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019TRENDS IN THE USE OF IMPRISONMENT
have been in custody; little clarity as rape, kidnapping and several other In New Zealand, the number of
to who is responsible for ensuring crimes, and draft legislation is currently people held in pre-trial detention was
adherence to custody time limits; and before parliament to widen this range reduced over a relatively short period
a lack of mechanisms to identify when of offences to include home burglary of time during 2018, by introducing
detainees have been held in excess and possession of weapons.68 In efficiencies to the system – such
of the custody time limit. In a recent Ghana, by contrast, levels of pre-trial as having bail advisors in prisons
ruling, the European Court of Human detention fell from 30 per cent in 2007 who proactively work with new
Rights found that Hungary had violated to 12 per cent in 2018.69 A contributory remand prisoners in order to support
the right to liberty when it kept a man measure to this was a Supreme Court applications for electronic monitoring;
in pre-trial detention for over three ruling that made all criminal offences providing bail support services at
years without properly assessing the subject to bail.70 court hearings, including connecting
reasons for extending his detention people with alcohol and drug abuse
One tool that is used to address both
each time it was reviewed.66 A 2018 programmes; and providing a mobile
overcrowding and pre-trial detention
global report on children in pre-trial phone application for people on bail
is the introduction of plea bargaining.
detention surveyed 118 countries in order to provide them with updated
Widespread in the US, the practice
and revealed that 26 per cent of these information regarding their hearings
has increased significantly elsewhere
countries have no pre-trial detention and available support.73
around the world in recent years.
limit for children; 43 per cent have a
The NGO Fair Trials reported on this
pre-trial detention limit that applies to RECOMMENDATION 04
in 2017 and found that there has
children only; and 31 per cent have a
been a 300 per cent increase in plea Pre-trial detention should
generally applicable pre-trial detention
bargains worldwide since 1990.71 The be used as a last resort and
limit that applies to both adults and
same report also found that without only where necessary and
children. The report concludes that a
adequate procedural safeguards, there proportionate. Legal aid and
new international time limit should be
are considerable concerns about its assistance should be provided
introduced that restricts the amount
use and expansion: innocent people and, where monetary bail
of time children can spend in pre-trial
can be persuaded or pressured to is used, this should be set
detention to a maximum of 30 days.67
plead guilty; easier convictions can according to the circumstances
Some states operate a system of encourage over-criminalisation and of the individual defendant.
mandatory denial of pre-trial release drive harsher sentences; there can be The use of non-custodial
for certain crimes. This is a particular an inequality between the negotiating measures should be increased
issue in Mexico, where 40 per cent partners and a lack of transparency and states should develop
of the total prison population are held where ‘deals’ are done by prosecutors effective systems to help ensure
in pre-trial detention. The Mexican and defence counsels behind closed that detainees spend no longer
constitution already requires mandatory doors; and public trust in justice can in pre-trial detention than is
pre-trial detention in cases of murder, be undermined.72 strictly required by law.
Sentencing
Sentencing decisions are shaped new precedents on sentencing; and Meanwhile, research from Italy found
by a complex mix of objectives. As perceptions about new or different that increases in sentence length,
well as punishment, these objectives patterns of offending. either through mandatory minimums,
include rehabilitation, the protection sentence enhancements or more
The public is often thought to favour
of society and deterrence. The severity severe sentencing, are unlikely to
a tough approach to sentencing, in
and length of sentences imposed have much deterrent effect when
which prison is viewed as the only
for similar crimes across the globe the baseline sentence is already long.77
‘real’ punishment and is easier to
vary enormously, suggesting that
understand than community-based Several countries have developed
the assessment of these objectives
sanctions. In practice, this assessment sentencing guidelines and/or
is interpreted very differently. Even
of public opinion may not always be established an advisory sentencing
within jurisdictions, the rationale for
accurate or up to date. Research council or commission to assist
sentencing can vary from case to
demonstrates that when more in sentencing decisions. This is
case and from judge to judge. There
information is provided to members of often done to address a perceived
is some evidence to suggest that
the public about a case, their opinions lack of confidence or fairness in
in many jurisdictions, sentences
align more closely with the sentences the sentencing process or wide
of imprisonment are getting longer
actually imposed by the courts.75 A inconsistencies in sentencing
– particularly for serious offences.74
recent review of over 50 public opinion practice. For example, in 2018
Tougher sentencing practice arises
surveys and polls in the US found that Scotland introduced sentencing
through the interplay of several
there has been ‘a significant thaw’ guidelines for the first time, which set
factors: an increasingly punitive
in terms of punitiveness that could, out ‘fairness and proportionality’ as
climate of political and media
over time, produce a paradigm shift core principles for sentencing and
debate about punishment; legislative
towards prevention, rehabilitation and defined the purposes of sentencing
changes; new sentencing guidelines;
reintegration as policy objectives.76 as rehabilitation, protection of the
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019 | 13TRENDS IN THE USE OF IMPRISONMENT
public, punishment, giving the offender peoples in prison and to facilitate the often developed by private businesses,
the opportunity to make amends, use of appropriate community-based which keep their algorithms and
and expressing disapproval of and restorative sentences. underlying research a proprietary
offending behaviour.78 secret, even from the courts or
Effective sentencing requires that the
government agencies that use them.88
Elsewhere, countries have moved court has access to assessments of
The NGO ProPublica conducted
away from using imprisonment as a the risk an offender poses to public
an investigation of one such risk
sentence for minor offences. In Cape security, the factors that lie behind their
assessment algorithm, COMPAS,
Town, South Africa, a High Court judge offending, and the support they can
which is used as an aid to judicial
ruled that all people given sentences draw on to move away from crime.
decision-making, its conclusions being
of less than two years should instead The UN Standard Minimum Rules for
only one of the variables considered
perform community service, given Non-custodial Measures, also known
by the judge when deciding on
that defendants are ‘generally poor as the Tokyo Rules, explicitly note the
the sentence. Defendants answer
and casualties of socio-economic value of such assessments.84 Their
137 questions, including whether they
conditions’.79 In Scotland, judges are importance was highlighted in research
have a telephone at home, difficulty
now prevented from sentencing people that found that the use of community
paying bills, family history and criminal
to less than six months’ imprisonment sentences has fallen recently in
history. COMPAS then rates the
in all but exceptional cases. In England England, which may be linked to an
person on a scale from one (low risk)
and Wales, the government expressed accompanying decline in the extent
to 10 (high risk). ProPublica found
a commitment to scrapping sentences to which pre-sentence reports are
that the formula used was particularly
of less than six months in order to provided to judges.85
likely to flag black defendants as future
reduce overcrowding, and also as
In some jurisdictions there has been offenders, labelling them at almost
recognition of evidence that short
a move towards more evidence-based twice the rate as white defendants.89
sentences are less effective at cutting
sentencing practices, which aim to In addition, the scores generated
reoffending than community sentences
improve sentencing decisions by by the algorithm were unreliable in
– they are ‘long enough to damage
giving courts access to an empirical forecasting violent crime and only
you and not long enough to heal
assessment of the static and dynamic 20 per cent of the people predicted
you’.80 The language being used is of
factors that make it more or less to commit violent crimes actually went
‘smart’ sentencing – a choice between
likely that an offender will reoffend. on to do so.90
effective and ineffective justice rather
An offender is typically assigned a
than between ‘hard’ and ‘soft’ justice. At present, this kind of artificial
risk ‘score’ that is also used to inform
(See Alternatives to imprisonment, intelligence has not been widely
rehabilitation interventions.86 A low-risk
page 40). adopted in other regions. In Europe,
offender may receive a non-custodial
for example, only the UK has piloted
Gender bias exists in sentencing sentence, while those deemed to be
predictive tools for judges to assess
decisions. A report on women on at a higher risk may be more likely to
the risk of reoffending. However, in
death row found that criminal justice be imprisoned. The argument is that
recognition of the associated risks, the
actors frequently see women as these risk assessment instruments can
European Commission for the Efficiency
victims and survivors, rather than as predict the risk of reoffending with a
of Justice published an ethical charter
perpetrators of crime.81 While this high degree of accuracy, impartiality
on the use of artificial intelligence in
assumption can benefit some women and objectivity.
judicial systems.91 This promotes a
who receive reduced sentences,
Such risk assessments are often precautionary approach and spells out
‘[a]t the same time, women who are
produced by probation or court key standards that need to be in place,
seen as violating entrenched norms of
welfare officers. However, a including ensuring that the design and
gender behaviour may be sentenced
fast-moving trend in the US is the use implementation of artificial intelligence
more harshly’.82 (See Women, page 20).
of computer-based criminal justice tools and services are compatible
Other biases related to an offender’s algorithms that generate risk models with fundamental rights; preventing
ethnic or racial minority background for courts based on vast quantities of the development or intensification of
are also evident. (See Foreign national data. Many of these risk assessment any discrimination between individuals
prisoners, minorities and Indigenous algorithms take into account personal or groups of individuals; making data
peoples, page 21). In 2017, the US characteristics of the offender, such processing methods accessible and
Sentencing Commission found that as age, sex, geography, family understandable; and ensuring that
despite the purpose of the federal background and employment status. users are informed actors and are in
sentencing guidelines to promote They are used to inform decisions not control of their choices.92
sentencing uniformity across just about sentencing but also about
geographic and socio-economic lines, bail. In practice, they mean that two RECOMMENDATION 05
black defendants received longer people accused or convicted of the
States should review the
sentences than white defendants same crime may receive quite different
proportionality of sentencing
convicted of similar offences, even bail or sentencing outcomes.
policy and practice. Mandatory
when factors such as criminal history,
The use of these tools has been minimum sentences should be
age, education and citizenship were
heavily criticised on the basis that they discontinued – particularly for
controlled.83 In Australia, Canada and
are unreliable and can lead to racial non-violent crimes – and the use
New Zealand, Indigenous sentencing
profiling, and that there is little clarity or of alternatives to imprisonment
courts have been established
transparency about how the algorithms should be promoted
specifically to address the issue of
weigh different variables.87 They are and strengthened.
overrepresentation of Indigenous
14 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019TRENDS IN THE USE OF IMPRISONMENT
Death penalty
Progress continues towards the global 2,500 people faced active death of respondents called for the death
abolition of the death penalty, and a sentences.105 Washington became penalty for rape under the influence
record number of UN member states the 20th state to abolish the death of drugs, only 33 per cent supported
– 120 out of 193 – voted in favour of penalty, on the grounds that it was it for other serious crimes related
a moratorium on its use at the UN imposed in an ‘arbitrary and racially to illegal drugs. Among those who
General Assembly in December 2018. biased manner and fails to serve any disagreed with the death penalty,
Thirty-five states voted against a legitimate penological goal’.106 The at least 42 per cent cited religious
moratorium and 32 abstained.93 This Governor of California introduced a reasons and 21 per cent thought
is an improvement from December moratorium on executions that will last it possible for rehabilitation to
2016, when 117 states supported as long as his current term of office take place.116
the resolution.94 Several countries (until 2023).107
In Belarus, 13 people were executed
changed their vote in favour of the
Despite these positive trends, there while their cases were under
resolution for the first time, including
were reports of a resumption of examination by the UN Human Rights
Pakistan, Dominica, Libya and
executions in Botswana,108 and in Committee (the Optional Protocol to
Malaysia. Currently, 103 of 193 states
June 2018, Thailand executed a the ICCPR recognises the competence
have abolished the death penalty for
26-year-old man for aggravated of the UN Human Rights Committee
all crimes and 139 have abolished the
murder in the country’s first execution in considering individual cases of
death penalty in law or practice.95
since August 2009.109 According to alleged violations of rights contained
Other positive developments in Amnesty International, Japan saw an in the ICCPR).117 In all of these
the past year were Burkina Faso96 ‘unprecedented spate of executions’ cases, the Committee had issued
and Malaysia97 moving towards the in July 2018, with the execution of interim measures of protection to halt
abolition of the death penalty, and in 13 members of the religious cult Aum executions from taking place while the
September 2018, The Gambia ratified Shinrikyo (Aum), who were found cases were being considered.
the Second Optional Protocol to the responsible for a deadly sarin gas
While waiting for their execution – often
International Covenant on Civil and attack in Tokyo in 1995.110 In August
for years on end – death row prisoners
Political Rights (ICCPR), committing 2018, Taiwan carried out its first
are frequently detained in particularly
to the full abolition of the death execution since 2016, thereby putting
harsh conditions, irrespective of
penalty.98 As of March 2019, 86 states an end to its de facto moratorium.111
whether or not they present an actual
had ratified the Second Optional There were several reports in 2018
security risk. The severe emotional
Protocol to the ICCPR.99 In June 2018, of death sentences being handed
distress prisoners experience during
the Caribbean Court of Justice in down to foreign nationals in Iraq
the lengthy wait for execution has
Barbados unanimously declared the for terrorism-related activities. For
been found to violate the international
mandatory death penalty for murder example, in May 2018, a Belgian
prohibition against torture. In 2018,
unconstitutional.100 national was given a death sentence
the Pope joined the debate, stating
by the court in Iraq.112 (See Foreign
Harm Reduction International found a that executions were unacceptable in
national prisoners, minorities and
positive downward trend in executions all cases as they were ‘an attack’ on
Indigenous peoples, page 21).
worldwide for drug offences, reporting human dignity.118
a decrease of 90 per cent since 2015. New laws in several countries resulted
In Japan, prisoners are given just a
This was driven in part by a significant in an expansion of the scope of the
few hours’ notice before execution.119
fall in the use of the death penalty for death penalty for certain crimes. In
In the state of Virginia in the US,
drug offences in Iran.101 Currently, at April 2018, Mauritania adopted a law
conditions were so bad on death row
least 35 countries and territories still making the death penalty mandatory
that a federal district court issued
maintain the death penalty for drug for ‘blasphemous speech’ and
an injunction in 2018 to remedy the
offences and four of these carried out ‘sacrilegious acts’.113 In April 2018,
situation after a lawsuit challenging the
executions in 2018: Iran, China, Saudi India passed an executive ordinance
conditions was filed.120 The applicants
Arabia and Singapore.102 In a worrying approving the death penalty for anyone
– prisoners on death row – argued
trend, the Sri Lanka Cabinet approved convicted of raping a child under the
that their conditions violated the
a move to bring back the death age of 12 years.114
constitutional prohibition against cruel
penalty for drug-related crimes,103 and
The use of the death penalty continues and unusual punishment. Conditions
the Bangladeshi government approved
to divide public opinion. Though it was included 23 hours a day alone in cells
a draft bill – the Narcotics Control Act
abolished in the Philippines in 2006, of 6.6 metres; no contact visits; no
2018 – which made the manufacture
there have been calls to reinstate it – congregate meals; no congregate
and distribution of methamphetamine
particularly in the context of President recreation, religious, educational
punishable by death.104 (See Drugs
Duterte’s ‘war on drugs’. In a national or social programming; only three
and imprisonment, page 18).
survey, the Commission on Human showers a week; and just five hours
In the US, death sentences and Rights of the Philippines interviewed of outdoor recreation per week in
executions decreased in number for approximately 2,000 people about separate, isolated cages.121
the 18th consecutive year and, for the use of the death penalty in relation
the first time in 25 years, fewer than to drug crime.115 While 47 per cent
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