GLOBAL PRISON TRENDS 2015 - Drugs and imprisonment SPECIAL FOCUS Pull-out section - Penal Reform International
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
GLOBAL PRISON TRENDS
GLOBAL
PRISON
TRENDS
2015
SPECIAL FOCUS
Pull-out section
Drugs and
imprisonment
Penal Reform International | Global Prison Trends 2015 |1
Global Prison Trends 2015
PRI would like to thank Rob Allen for
authoring this paper. This paper also
draws on the expertise of contributors
to our 2014-2015 blog series on
trends and challenges in penal reform
(http://www.penalreform.org/blog/):
Rob Allen, Lillian Artz, Shane Bryans,
Moritz Birk, Julia Kozma,
Marayca López i Ferrer, John Podmore,
Mary Rogan, and Bridget Sleap.
This document was produced
with financial assistance from the
UK Government. Its contents are
the sole responsibility of Penal Reform
International and can under no
circumstances be regarded
as reflecting the position of the
UK Government.
This publication may be freely
reviewed, abstracted, reproduced
and translated, in part or in whole,
but not for sale or for use in
conjunction with commercial purposes.
Any changes to the text of this
publication must be approved by
Penal Reform International. Due
credit must be given to Penal Reform
International and to this publication.
Enquiries should be addressed to
publications@penalreform.org.
Penal Reform International
Head Office
60-62 Commercial Street
London E1 6LT
United Kingdom
Telephone: +44 (0) 20 7247 6515
Email: info@penalreform.org
Twitter: @PenalReformInt
www.penalreform.org
ISBN: 978-1-909521-39-1
First published in 2015.
© Penal Reform International 2015
Graphic design by Alex Valy
(www.alexvalydesign.co.uk)
Cover photo: Prison officers searching
the cell of prisoners in Cessnock
Correctional Centres, New South
Wales, Australia. © Fairfax Media
Penal Reform International We promote alternatives to prison We currently have programmes in the
(PRI) is an independent which support the rehabilitation of Middle East and North Africa, Central
non‑governmental organisation offenders, and promote the right and Eastern Europe, Central Asia and
that develops and promotes of detainees to fair and humane the South Caucasus, and work with
fair, effective and proportionate treatment. We campaign for the partners in East Africa and South Asia.
responses to criminal justice prevention of torture and the abolition
To receive our monthly e-newsletter,
problems worldwide. of the death penalty, and we work
please sign up at
to ensure just and appropriate
www.penalreform.org/keep-informed.
responses to children and women
who come into contact with the law.
CONTENTS
Contents
Foreword 4
Why this report? 4
1. Crime, prison and policy 5
2. Trends in the use of imprisonment 7
Imprisonment rates 8
Pre-trial detention 8
Sentenced prisoners 10
3. Prison populations 12
Women prisoners 12
Children and young persons 15
Elderly prisoners 17
Foreign national prisoners, minorities and Indigenous peoples 18
Health 18
4. Prison management 20
Responsibility for prisons 20
Size and spending 20
Condition of prison infrastructure 22
Security issues and violence 23
Post-conflict countries 24
Privatisation of prisons 24
Solitary confinement 25
Independent monitoring 26
5. Prison regimes 27
Work 27
Education and training 29
6. Role and use of technologies 30
Case management 30
Improving health and education 30
Electronic monitoring 32
Contact with the outside world 32
Concerns related to the use of technology 33
7. Alternatives to prison 34
Non-custodial measures 34
Conclusion and recommendations 37
CENTREFOLD
Drugs and imprisonment
Special focus 2015 (pull-out section)
Drugs and the use of prison 2
Drugs and the management of prisons 4
Penal Reform International | Global Prison Trends 2015 |3
FOREWORD
Foreword
This report, Global Prison Trends 2015, assumptions that are often made about The recommendations for reform are
has set itself enormous challenges. Not links between changing crime rates solidly based on this detailed contextual
only does it describe global trends in and increases in prison populations. analysis. They range from suggestions
imprisonment, but it seeks also to place The failure of crime rates to increase on how to reduce the overall prison
these trends in a wider context and globally as a result of the international population, with a particular focus
then to draw policy recommendations economic recession since 2008 has not on women and remand prisoners,
from the discussion of the data. only confounded settled criminological to detailed suggestions for how prison
wisdom; it has also fatally undermined conditions can be improved. The
The mere description of global trends
the simple justification that more crime special focus on drugs in the report
is difficult enough. Fortunately, PRI was
requires more use of imprisonment. This is valuable. The recommendation that,
able to draw on the work of others:
is often the approach of countries that wherever possible, drug problems
that of Roy Walmsley, the author of the
have allowed their prison populations should be seen as medical rather than
World Prison Brief, and of the United
to increase in recent years. At the criminal justice questions, points the
Nations Office on Drugs and Crime,
same time, the report also stresses way both to imprisoning fewer drug
as well as important regional studies,
the importance of recognising the offenders and treating those drug users
such as very detailed SPACE reports
link between social development and who are in prison more effectively.
on penal statistics published by the
improvements in criminal justice, which
Council of Europe. The current report I trust that Global Prison Trends
can lead to better prison conditions.
skilfully weaves together information 2015 will encourage ever more
from all these sources, as well as from Part of the wider context of modern careful collection of penal data and
national data and PRI’s own resources, imprisonment is the rapid development ever more rigorous analysis of the
in order to give a carefully nuanced of new technologies of control. The conclusions to which the data point.
picture. Yes, there are many prisoners report describes succinctly how they In this way it will contribute greatly to
in the world – more than 10 million can be used both in prison and to penal reform worldwide. Ultimately
in all – certainly more than a decade develop alternatives to imprisonment, such reform depends crucially on
ago – but the trend is not only in one such as electronic monitoring. It points accurate information and careful policy
direction. In many countries there are out that new technologies can have recommendations applied consistently
declines in prisoner numbers. Why this positive or negative consequences. in the many and diverse penal systems
is happening in some countries but not Positively they facilitate the release that make up the world penal order.
others requires closer examination. of suspects or offenders who would
otherwise be held in prison. Negatively Dirk van Zyl Smit
The wider context for developments
however, electronic links can be Professor of Comparative and International
in imprisonment worldwide, which Penal Law, University of Nottingham; Vice
substitutes for interpersonal contacts
the current report provides, is a good Chair, Board of Penal Reform International.
and thus contribute to the increasing
basis for such an examination. The
isolation of prisoners.
report usefully dismisses some lazy
Why this report?
This is intended to be the first of an post-2015 development agenda which Part five looks at regimes in prison
annual series of reports designed recognises the importance of security and Part six at the opportunities
to describe key global trends in the and justice in ensuring stable and and challenges created by new
use and practice of imprisonment peaceful societies.1 technology. Part seven looks at the
and to identify some of the pressing use of alternatives to imprisonment,
The report comprises seven main
challenges facing states that wish to and is followed by conclusions and
parts, a special feature and a series
organise their penitentiary system in recommendations. A special feature
of conclusions and recommendations.
accordance with international norms of this first edition puts in focus
Part one looks briefly at what is known
and standards. penal policies with regard to drugs
about crime rates and their relationship
and prison. Significant international
Identifying key trends and challenges with the use of prison. Part two
developments, recent research projects
in penal policy and practice is a addresses trends in imprisonment and
and precedent-setting court decisions
particularly important task during a Part three looks at recent changes
are highlighted throughout.
period in which many countries are in the extent and nature of prison
experiencing economic difficulties and populations around the world. Part The report includes information and
looking to reduce public spending. This four discusses questions about the examples from various countries
climate may lead both to increasing organisation and management of and regions. These are not intended
levels of crime and reduced resources prisons: who is responsible for them, to be comprehensive or exhaustive
for preventing and tackling it. The report who works in them, the challenges they but rather to illustrate the trends and
is also timely in view of the international face and how and what systems are challenges in a large number of states.
community’s work to implement a in place for monitoring and inspection.
4| Penal Reform International | Global Prison Trends 2015
CRIME, PRISON AND POLICY
PART ONE
Crime, prison
and policy
Accurately measuring the true level that falls in crime can be achieved at criminal policies so that imprisonment
of crime as a whole is an impossible the same time as reductions in the is used more sparingly and for shorter
task both for theoretical and practical prison population. Between 2008 and periods. Many states in the US have
reasons. Definitions of what is criminal 2013 most US states reduced their looked to reverse years of prison
vary from state to state and over time, imprisonment rates while experiencing population growth; most notably
and there is enormous variation in the less crime.5 California whose realignment policy
extent to which crimes are reported introduced in 2011 has led to the
The UNODC homicide study
to and recorded by the authorities. prison population falling dramatically.
found that levels of violence are
While victimisation studies produce a US state budgets for running
related to development, and other
better picture than crimes recorded corrections facilities have almost
studies have found strong links with
by the police, there are few countries quadrupled in the last three decades,
inequality. ‘Higher levels of homicide
where reliable data over time permits making it the second-fastest rising
are associated with low human
meaningful trends to be established. expense. In 2013, 35 states passed
and economic development. The
at least 85 bills to change some
The crime of homicide (intentional largest shares of homicides occur in
aspect of how their criminal justice
killing) lends itself most easily to countries with low levels of human
systems address sentencing and
comparison and is usually considered development, and countries with high
corrections. In reviewing this legislative
as a proxy indicator for violence in levels of income inequality are afflicted
activity, the Vera Institute of Justice
general. The UN Office on Drugs by homicide rates almost four times
found that policy changes have
and Crime (UNODC) estimates that higher than more equal societies.’6
focused mainly on the following five
intentional homicide was the cause
Another topical UNODC report areas: reducing prison populations
of death of almost half a million people
stresses that ‘there is a compelling and costs; expanding or strengthening
(439,000 individuals) worldwide in
case for concluding that crime community-based corrections;
2012. Over a third of those homicides
and criminal justice have a strong implementing risk and needs
(36 per cent) occurred in the Americas,
link with development’. The report assessments; supporting offender
31 per cent in Africa, 28 per cent
highlights a ‘consistent relationship re-entry into the community; and
in Asia, 5 per cent in Europe and
between income levels and crime’ making better informed criminal justice
0.3 per cent in Oceania.2 A more
which confirms ‘the existence of policy through data-driven research
detailed study published by UNODC
a link between levels of economic and analysis.
in 2011 estimated that some 468,000
development and citizens’ security,
homicides took place in 2010, a global
with low-income countries exposed
average of seven per 100,000 of the
to higher risks of violent crime’.7
general population.3 The homicide
rate in Africa and the Americas was This suggests that increasing the use
more than double this global average of imprisonment plays a relatively
while in Asia, Europe and Oceania modest role in preventing and reducing
it was roughly half. The study found violence and other forms of crime.
concentrations of violence in certain While the criminal justice system as
urban settings and among young a whole provides some deterrent
males, with a significant role played by effect on crime, research generally
organised or gang related crime on the indicates that increases in the certainty
one hand and gender-based violence of punishment, as opposed to the
on the other. severity of punishment, are more likely
to produce deterrent benefits.8
While imprisonment certainly
has an important role in securing Moderate penal policies in which
accountability and public security, prison is used sparingly – as a last
the question of whether there is resort and for the shortest possible
a relationship between the use of time – are likely to prove the fairest and
imprisonment and serious crime is a most cost-effective response to crime
contested one. Studies from the US in most societies.
have estimated that the quadrupling
Even without substantial change
of the prison population there since
to political economy, the costs and
the 1980s has accounted for between
disputed effectiveness of imprisonment
25 and 30 per cent of the fall in crime.4
have led some countries to reform their
More recent experience has shown
Penal Reform International | Global Prison Trends 2015 |5
CRIME, PRISON AND POLICY
The size of the world prison
population has increased by
approximately 10% since 2004.
Pre-trial detention facility, Karaganda
region, Kazakhstan. © Karla Nur 2014
6| Penal Reform International | Global Prison Trends 2015
TRENDS IN THE USE OF IMPRISONMENT
PART TWO
Trends in
the use of
imprisonment*
The absolute numbers behind bars (136 per cent).15 Prison numbers rose to serve their sentences, quite a
on remand or serving sentences have by 58 per cent in the Philippines16 and common practice in Europe. Turkey’s
increased in many countries since by 38 per cent in Iran.17 Thailand’s prison population has by contrast
the turn of the millennium. According prison population fell between 2001 grown rapidly from 55,000 in 2001
to UNODC, the size of the world and 2007 but then rose again – its to 160,000 in 201521. A five year
prison population has increased by 325,000 prisoners in 2014 amounted programme to build more than 200
approximately 10 per cent since to 30 per cent more than in 2001. new prisons was announced in 2013.22
2004, with large differences in rates India’s prison numbers rose by a
In Western Europe, while all countries
of imprisonment between sub-regions, similar percentage between 2001 and
saw their prison populations grow
varying from under 100 to more than 2013. China with the largest absolute
during the 1990s (albeit at different
600 prisoners per 100,000 population numbers of prisoners in Asia appears
rates), the experience since 2000
in 2011-13.9 to have seen a more modest rise
has been more variable. The UK
although data is incomplete in respect
Some increase is to be expected given and France have seen a continuous
of pre-trial detainees and those subject
the growth in the world’s population. In increase. Prison numbers rose in
to administrative detention.
countries, which have seen substantial Germany and the Netherlands until
population growth, increases in the In the Gulf region, the use of prison 2004 and then started to fall,23 as they
numbers of prisoners may nonetheless has doubled in Saudi Arabia (from did in Spain after 2007.
represent a fall in the rate of 23,700 prisoners in 2000 to 47,000 in
In Africa, while data is less complete,
imprisonment per head of population. 2013) and in Qatar – from 569 in 2002
large percentage increases have been
For example, the rise in the prison to 1,150 in 2013.
seen in some North African countries
population in India from 358,000 in
In Europe, since 2000, prison such as Algeria (76 per cent between
2005 to 385,000 in 2012 represented
populations have fallen in Russia, 2001 and 2013) and Morocco. South
a decrease in the imprisonment
some of the former Soviet Union Africa’s prison numbers peaked in
rate from 31 per 100,000 of the
countries (for example the Baltic 2004, falling back from 188,000 then
general population to 30. The prison
States18), and some Eastern countries to 158,000 in 2014. Prison numbers
population in India in 2013 – 412,000
such as Romania although here have risen in some but not all East
– still only represents an imprisonment
it started to rise again after 2010. African states. Ethiopia’s prison
rate of 33 per 100,000.
Notwithstanding the decline in his population increased from 55,000
Over the last fifteen years or so, prison country, the Estonian Justice Minister in 2000 to 93,000 in 2011, with
populations have seen particularly said in January 2013 that the country’s smaller percentage rises in Kenya and
sharp rises in Latin America, where prison population of nearly 3,300 was Uganda. Rwanda’s prison numbers
Brazil has seen a 150 per cent still too high and has commissioned which hugely increased following the
increase,10 Colombia a 125 per cent an audit of penal law because ‘practice genocide have fallen dramatically
increase11 and Mexico, 53 per cent.12 shows that just putting a person in since 1998. Tanzania and Zimbabwe
The 16 per cent growth in the US prison is not necessarily the best report fewer prisoners today than
prison population between 2001 solution’.19 Sweden has experienced 15 years ago. West and Central
and 2012 looks relatively modest in a sharp fall in the number of prison African countries have seen increases;
comparison, although it comes after admissions in the past two years some relatively small as in the case
a long period of prison expansion and closed down four prisons and of Cameroon, others sharper as in the
which started in the 1970s. The a remand centre.20 case of Nigeria since 2008.
total US correctional population (on
Former Soviet Union and Eastern Prison populations in Oceania have
probation, parole, in federal and state
European countries have not all seen increased substantially since 2001.
prisons and in local jails) decreased
their prison numbers fall. Before its Prison populations in 2014 were
for the fourth consecutive year in
large-scale amnesty in 2012, Georgia’s 50 per cent higher in Australia and
2012, but 2013 figures show that the
prison population had trebled since 46 per cent higher in New Zealand.
number of federal and state prisoners
2001 due to harsh sentencing policies.
had started to rise again.13
The prison population in Poland has
In Asia, particularly steep rises in remained relatively stable after sharp
the use of prison have been seen in increases at the end of the nineties
Indonesia (183 per cent)14 and Vietnam with relatively large numbers waiting
* Unless otherwise stated, all figures cited in this part are taken from the ‘World Prison Brief’ published by the International Centre for Prison Studies,
http://www.prisonstudies.org/world-prison-brief, .
Penal Reform International | Global Prison Trends 2015 |7
TRENDS IN THE USE OF IMPRISONMENT
Imprisonment
rates
Growing prison populations throughout for Prison Studies in January 2015, than one in a hundred of its citizens,
the world (though not in every country) 112 had a rate of prison occupancy Minnesota fewer than one in every
place an enormous financial burden above 100 per cent (overcrowding). three hundred.26
on governments and at a great cost Out of these, 21 jurisdictions had
There is of course no such thing as
to the social cohesion of societies. rates of overcrowding above 200
a ‘correct’ prison population rate
It is estimated that more than 10.2 per cent, and a further 29 had rates
for a particular country. Given the
million people, including sentenced between 150 and 200 per cent. Even
financial and social costs associated
and pre-trial prisoners, were held in systems which are less than 100 per
with depriving people of their liberty,
penal institutions worldwide (from data cent occupied may find it difficult
countries should keep under review
available in October 2013). 144 out to place prisoners in appropriate
whether imprisonment is playing an
of every 100,000 people of the world accommodation.
appropriate role in tackling crime.
were therefore in prison at that time.24
Rates of imprisonment vary Such a review seems an urgent priority
Prison populations are growing in all substantially across the world and where rates are extremely high, say
five continents. In the last 15 years the even within regions and countries. the – currently 17 – countries with
estimated world prison population has More than 440 per 100,000 more than 400 per 100,000 of their
increased by some 25-30 per cent but people are confined in El Salvador population confined.
at the same time the world population compared to 115 per 100,000 in
has risen by over 20 per cent. The neighbouring Guatemala. Finland’s RECOMMENDATION
world prison population rate has risen rate of imprisonment per 100,000
Countries should keep under
by about six per cent from 136 per of its population is one eighth of
review whether imprisonment
100,000 of the world population to the neighbouring Russia, while Canada’s
is playing an appropriate role
current rate of 144.25 is about one sixth of the rate in the US.
in tackling crime.
Within the US, the overall rate of more
Out of 203 jurisdictions for which
than 700 prisoners per 100,000 masks
data had been collected by the World
variations – Louisiana imprisons more
Prison Brief of the International Centre
Pre-trial
detention
In many nations, prisons are used use of pre-trial detention is a global a quarter, and in Europe about one
in large part not as a punishment problem, which has been described in five, of all prisoners were pre-trial
or correctional measure but to hold in a recent Open Society Foundation detainees in 2012.32
suspects and defendants until they (OSF) survey as ‘one of the most
Latest UN data from a small sample
can be tried in court. In more than overlooked human rights crises of our
of countries suggests that the
50 countries, the majority of people time’.28 In some countries periods in
proportion of people in pre-trial
in prison on any one day are such pre-trial detention are relatively short;
detention worldwide may have
pre‑trial detainees. UNODC has for example, in 2011, in the 27 Council
decreased from 30 per cent in 2004
highlighted that the proportion of of Europe countries for which data
to 27 per cent in 2012. Progress has
pre‑trial detainees is highest, on is available, the average length of
been most manifest in Africa and
average, for countries at the lower pre‑trial detention was 5.7 months.29
Asia, where the proportions of pre-trial
end of income levels and lowest In Nigeria, the average length of
prisoners decreased but remained
for countries at higher income levels, pre-trial detention nationally has been
at high levels.33
suggesting that high levels of pre-trial reported at 3.7 years.30
detention may point to shortcomings However, official figures are likely to
A survey by the Open Society
in criminal justice systems.27 In post underestimate the numbers involved;
Foundation found that in 2012, overall
conflict and low-income states in many countries detainees are held
about a third of the world’s 10 million
seven out of ten prisoners may be in police detention, escaping the
prisoners were in pre-trial detention.
awaiting trial. prison statistics but not the fact of
The region with the highest proportion
detention. For other countries even
Even in high-income countries such as of pre-trial detainees was Asia (40.6
where the percentage of people in
the Netherlands and Canada however, per cent) followed by Africa (34.7 per
pre-trial detention on a particular date
almost two in every five people held cent). In the Americas somewhat over
may appear low, people on remand
in prison are on remand. Excessive
still represent a much higher proportion
8| Penal Reform International | Global Prison Trends 2015TRENDS IN THE USE OF IMPRISONMENT
of all of those admitted into prison
over the course of a year. So, while
international law stipulates that the
Landmark ruling by However, across the country
the provision is not implemented
role of penitentiary systems should Indian Supreme Court and excessive numbers of
comprise ‘treatment of prisoners the
essential aim of which shall be their
on pre-trial detention pre‑trial prisoners contribute
to the notorious overcrowding
reformation and social rehabilitation’,34 In a landmark ruling in in prisons in India.
in practice much of the work of September 2014, the Indian
prisons continues to be in fulfilling Supreme Court ordered prisons The Supreme Court ruling
a jailing function. to release pre-trial detainees who ordered the implementation
had been held for more than half of the law, requesting local
In Mexico, a study estimated the of the maximum term they could judges and magistrates to
amount of income lost, as a result be sentenced to if they were ‘hold one sitting each week in
of their detention, by the country’s found guilty. each jail/prison for two months
pre‑trial detainees who were employed commencing from 1st October,
at the time of arrest, as 1.3 billion This verdict by the Supreme 2014 for the purposes of effective
pesos (or about US $100 million) in Court is a step towards the implementation of 436A of the
2006. In South Africa, the government enforcement of a provision Code of Criminal Procedure’.
spends R2.2 million (US $300,000) in India’s Code of Criminal The objective is to identify those
a day imprisoning people who have Procedure which was amended pre-trial prisoners benefiting
been granted bail but are unable to by Parliament in 2005. from this provision and ‘pass an
afford it.35 Section 436A of this Code appropriate order in jail itself
introduced detailed provisions for release (…) immediately’.
The rate at which defendants are
on the maximum period for Furthermore, the Supreme Court
acquitted in criminal trials varies
which individuals can be held on requested to receive reports of
widely among different countries.
remand (‘undertrial prisoners’). these sittings.
In China, according to the Supreme
People’s Court, in 2011 the combined It provides for their release by The verdict has implications
conviction rate for first- and second- the Court ‘on his personal bond for hundreds of thousands of
instance criminal trials was 99.9 per with or without sureties’ if the detainees. Almost two thirds
cent.36 A similar rate is reported in remand prisoner has undergone (67.6 per cent) of the 400,000
Japan.37 In Russia, judges acquit detention ‘for a period extending prisoners held in custody in India
fewer than 1 per cent of defendants up to one-half of the maximum are awaiting trial.31
although juries (who deal with 0.05 period of imprisonment specified
per cent of criminal cases) acquit 20 for that offence under the law’. (See Supreme Court of India,
per cent.38 In the USA, 93 per cent of Writ. Petition (Crl.) No. 310
In exceptional cases, pre-trial of 2005 titled as ‘Bhim Singh
federal prosecutions led to conviction detention may be extended, upon Versus Union of India & Ors., 24
in 2012.39 In England and Wales 83 per decision by the court following
cent of defendants tried in the Crown September 2014, Endst No. 29613
a plea for continued detention Gaz. II(17).)
courts (the most serious cases) were by the Public Prosecutor, and if
convicted in 2011.40 the delay in proceeding has been
In the light of this and the high rates caused by the accused.
of pre-trial detention, the past years
have seen an acknowledgment of the
importance of legal aid to improve
the performance of the justice system all stages of the criminal process’ and
and to ensure respect for the rule
RECOMMENDATION
including ‘unhindered access to legal
of law, which in turn is essential for The adoption of the UN
aid providers for detained persons’.41
sustainable development. Principles and Guidelines on
This is important for a range of reasons
Access to Legal Aid in Criminal
The UN Principles and Guidelines on not least of course to avoid wrongful
Justice Systems is a significant
Access to Legal Aid in Criminal Justice convictions.
development, but as a new
Systems, adopted by the UN General A number of models for providing set of standards will require
Assembly in 2012, provide that states legal and paralegal advice and measures to ensure their
should ensure that a comprehensive assistance have been developed implementation.
legal aid system is in place that is which are capable of replication at
accessible, effective, sustainable and relatively low cost.42 There has been a
credible. They clarify that legal aid is growing recognition of the importance
a duty and responsibility of the state, of early access to legal advice and
and sufficient resources should be representation when suspects are first
allocated for it. The new standards arrested by the police.43
also state that legal aid needs to be
provided ‘promptly and effectively at
Penal Reform International | Global Prison Trends 2015 |9TRENDS IN THE USE OF IMPRISONMENT
Early access to implementation of the 2012 United
Nations Principles and Guidelines
providing legal advice, including
national public defender services
legal aid in criminal on Access to Legal Aid, and such as those set up in Chile,
justice processes: suggests solutions drawing on Georgia, and Moldova; services
case studies from a number of supplemented by private lawyers
UNODC handbook* countries such as those in Brazil and Israel;
for policymakers The case studies cover efforts such
and paralegal schemes such as
those in the USA and Sierra Leone.
and practitioners as in Pakistan and Bangladesh to
improve police investigations so The handbook sets out the roles
In 2014, UNODC published a that they rely less on confessions, that need to be played by police,
practical guide to help states an important component of a prosecutors and judges whatever
ensure suspects and defendants strategy to make access to lawyers system is in operation and
can obtain legal advice when they a reality in police stations. They includes training resources for
are first arrested. The handbook also include a number of models for key stakeholders.
looks at the challenges facing the
Sentenced
prisoners
Proportionality and are far less severe than in the US: based on the premise that, to be
sentence length up to two years in Denmark and just, a sentence must be of a length
Great Britain; four years in Spain and type which fits the crime, and
As for sentenced prisoners, levels and Sweden; five years in Belgium, the circumstances of the offender.
of penal severity vary enormously Germany, Poland and Slovenia; and The concept of proportionality has
between states. Available data from seven years in France.45 been recognised by the European
35 countries worldwide collected by Court of Human Rights in Harkins and
UNODC shows that of the total number For more commonplace crimes there
Edwards v. the United Kingdom and
of persons held in prisons, penal is similar variation. Within Northern
Rrapo v. Albania as constituting an
institutions and correctional institutions Europe, the maximum sentence for
essential part of human dignity, and
in 2012, more than two thirds had theft is four years in The Netherlands,
‘grossly disproportionate’ sentences
received prison sentences of up to five five years in Germany and seven
can be found to breach Article 3 of
years, while, at the other end of the years in England and Wales.46 The
the European Convention on Human
spectrum, 6.5 per cent had received offence carries up to ten years in
Rights. Article 12 of Canada’s Charter
sentences of more than 20 years, Canada, Russia47 and Uganda, where
of Rights and Freedoms prohibits
including life sentences, and 0.2 per recently promulgated sentencing
cruel and unusual punishment which
cent had been given death sentences. guidelines suggest courts start their
the Supreme Court has ruled includes
Available data on the distribution of considerations of a particular case at
grossly disproportionate terms of
prisoners by the length of sentence five years, before adjusting it to take
imprisonment;50 and proportionality in
shows a similar distribution for account of aggravating or mitigating
sentencing has constitutional status in
countries in Asia and Europe, but with factors.
Ireland (see the discussion in Whelan
a lower share of prisoners sentenced and Lynch v. Minister for Justice,
Identifying trends is not straightforward.
to 10 years or more in Asian countries Equality and Law Reform).51
Some jurisdictions have looked to
than in European countries. Available
make penalties harsher. The Australian
data on a limited number of countries While this is so, the concept of
State of New South Wales has recently
in Africa, the Americas and Oceania proportionality has tended to be
raised the maximum sentences
indicate a share of prisoners sentenced invoked by courts only in the case
for violent crimes and introduced
to 10 years or more that is significantly of very long sentences (see right).
mandatory minimum sentences of two
above the global average.44
years for assault, and four years for
Comparisons of penal severity illustrate affray.48 UNODC has established that RECOMMENDATION
how such variation occurs. Following in systems with the highest detention There is a strong case for
the sentencing of Bradley Manning to rates, half of the prison population is sentence lengths to be
35 years imprisonment in the US for convicted to short term sentences (up more proportionate to the
the disclosure of classified national to five years) while the share of long- seriousness of the crime
security information, a survey of the term detentions is very low.49 and the circumstances of
laws and practices of 20 European the offender.52
Many countries have recognised the
countries found the penalties available
concept of proportionality as one
to the courts for the same offence
of the key principles of sentencing,
* For more information, see http://www.unodc.org/documents/justice-and-prison-reform/eBook-early_access_to_legal_aid.pdf
10 | Penal Reform International | Global Prison Trends 2015TRENDS IN THE USE OF IMPRISONMENT
Life and long-term they increased from 16.1 years to these factors or shifts can be properly
sentences 20.2 years and for other crimes from evaluated’.60 There are also signs that
6.2 years to 9 years.55 other courts are becoming more willing
As for more serious crimes, many
to find that very long sentences violate
countries have seen an increase in There may be signs of increasing
human dignity. The Supreme Court
the numbers serving life and long- concern about this trend. The
of the United States has also moved
term imprisonment. Examples include European Court of Human Rights has
against mandatory sentences of life
long, indeterminate and preventive ruled that grossly disproportionate
without parole (LWOP), finding them
sentences for ‘dangerous offenders’ sentences can constitute inhuman or
to be a form of ‘cruel and unusual’
(Germany) and harsh penalties for gang degrading treatment. This test is also
punishment, though thus far only in
members (mano dura policies in Latin provided under the Eighth Amendment
the case of juveniles.61
America). The numbers of prisoners in the USA and the Canadian Charter
serving life imprisonment, often without of Rights and Freedoms which While the US Supreme Court and
the possibility of parole (LWOP), has prohibit the infliction of cruel and the European Court of Human Rights
increased significantly, partly as the unusual punishment.56 In a much have taken issue in different ways
default alternative sentence to the noted statement in 2014 Pope Francis with sentences lasting the duration of
death penalty in the course of abolition. argued that life-long incarceration an individual’s life, sentences short of
should be opposed as strongly as the these extremes have yet to give rise
Moreover, the replacement of the
use of capital punishment.57 to similar decisions, or indeed similar
death penalty by LWOP has resulted in
levels of discussion. It is however the
a widening net, applying life sentences In a number of countries life sentences
case that the UN General Assembly
beyond the ‘most serious crimes’ and cannot be imposed for offenders over
has urged states not to impose life
no longer confined to formerly capital a certain age – 65 in Azerbaijan and
imprisonment (nor the death penalty)
offences. Russia for example.58
for offences committed by persons
Some countries impose both the The recent judgment of the European under 18.66
death penalty and LWOP. It has been Court of Human Rights in the case of
calculated that in the USA in 2012, Vinter and Others v United Kingdom59 RECOMMENDATION
there were 3,278 prisoners serving has indicated that national law should
In accordance with emerging
LWOP for non-violent drug and contain provision for the review of
international jurisprudence,
property crimes in the federal system whole life sentences after 25 years in
life sentences should always
and in nine states that provided such custody. It noted that detention can
be capable of review after a
statistics.53 only be justified when it is based on
period of no more than 25 years
legitimate penological grounds. While
Life imprisonment has also increased and should not be imposed for
at the time a life sentence is imposed,
in other contexts. The UK for example offences committed by persons
many of these grounds will be present,
has approximately the same number of under 18.
the Court noted that the balance
life-sentenced prisoners as all the other
between them may shift in the course
Council of Europe member states put
of the sentence. What may have been
together (approximately 9,000)54. In the
the primary justification for detention
UK the average length of the tariff, (the
may not be so after a lengthy period.
minimum period to be served before
The Court considered that ‘it is only by
parole can be considered) increased
carrying out a review of the justification
between 2005 and 2012 for all kinds
for continued detention at an
of life sentences. For murder cases
appropriate point in the sentence that
New rulings though life sentenced prisoners
in Argentina can apply for parole
found that human dignity requires
for prisoners to have the hope of
for life prisoners after 20 years,62 the Court ruled release. This does not mean that
Regional human rights courts that life sentences, ‘by their they must be released, but that
issued landmark rulings that nature, do not comply with the some mechanism needs to be in
restricted the permissibility of life purpose of social reintegration of place for reviewing the sentence,
sentences in 2013 and 2014. children’,63 were disproportionate, at least every 25 years.65 The case
and ‘provoked a high psychological of Trabelsi v. Belgium in 2014
In 2013, life imprisonment for impact on the victims’.64 extended this to extradition cases,
minors in Argentina was judged ruling that extradition from Council
unlawful. The Inter-American Within the Council of Europe
of Europe member states cannot
Court of Human Rights ruled – region, life sentences without the
take place if individuals are facing
in the case of Mendoza et al v. possibility of review have been
life imprisonment without the
Argentina – that life imprisonment deemed to constitute cruel or
possibility of release or if proper
for offences committed when inhuman treatment. In 2013 the
review procedures are not in place
someone was below 18 years of case of Vinter and Others v. The
in the country to which they are to
age must be prohibited. Even United Kingdom (and reaffirmed in
be sent.
2014 in László Magyar v. Hungary)
Penal Reform International | Global Prison Trends 2015 | 11PRISON POPULATIONS
PART THREE
Prison
populations
Overview
The vast majority of prisoners the A comparative study of Latin American Durban were suffering from current
world over are adult men. In most prisoners in six countries revealed psychotic, bipolar, depressive and
countries, they tend to be drawn from ‘the prevalence of broken homes anxiety disorders.71 These conditions
the poorest strata of society. The and abandonment in inmates’ family were for the most part undetected
UN Special Rapporteur on Extreme histories’ and relatively low levels of and untreated.
Poverty and Human Rights reported education.69 Similar findings have been
Some categories of prisoners have
in 2011 that ‘disproportionately high found in the UK,70 where 15 per cent
specific vulnerabilities and the
numbers of the poorest and most of male prisoners are thought to show
experience of prison can impose
excluded are arrested, detained and symptoms of psychosis compared to
additional burdens.
imprisoned’.67 The Open Society four per cent of the general population.
Justice Initiative confirmed that A study of South African prisoners
‘most pre-trial detainees are poor, found even higher levels of mental ill
and economically and politically health; 23.3 per cent of prisoners in
marginalized’.68
Women prisoners
On the basis of figures up to the figures up to the beginning of 2013, Department study found the overall
beginning of 2013 there are more than about 6.5 per cent of the world’s number of aboriginal women behind
660,000 women in prison throughout prisoners are women. In 2000 the bars in federal institutions nearly
the world. About 6.5 per cent of proportion was about 5.3 per cent. doubled between 2002 and 2012,
the world’s prisoners are women This represents an increase of more rising 97 per cent, compared to
and in most prison systems women than a fifth. 34 per cent for men.75
constitute between 2 and 9 per cent
The lowest levels of female Worldwide statistics show that
of the total prison population. The
imprisonment are in Africa, and imprisonment for drug related offences
prevalence of women within the total
Western Europe too has levels is particularly high among women.
prison population is lowest in African
below average, but levels are higher For example, according to a recent
countries and the highest levels are
in Central and Eastern Europe comprehensive study, over 31,000
in Asia, especially South-Eastern and
(especially the countries of the former women across Europe and Central
Eastern Asia.
Soviet Union). Levels in the Americas Asia are imprisoned for drug offences,
When considering all prisoners, male are above average, as they are in representing 28 per cent of all women
and female, the prison population rate South‑Eastern and Eastern Asia. in prisons in these regions. In some
for the world is about 144 per 100,000 countries, up to 70 per cent of female
According to the UN Division for the
of the world’s population. Of this 144, prisoners are incarcerated for drug
Advancement of Women, in many
an average of nine or ten are women. offences.76 About one third of women
countries, ‘racialised women, including
prisoners in Canada77, and 57 per cent
According to recent analysis by indigenous women, represent the
in Thailand78 were convicted of drug
the International Centre for Prison fastest growing segment of the prison
related offences. Harsh drug laws are
Studies, the number of women in population’.73 In Australia, aboriginal
also driving a surge in the number of
prison increased between 2000 and women are the fastest growing sector
women imprisoned in Latin America.
the beginning of 2013 by over 40 per of the prison population, representing
Between 2006 and 2011 the female
cent.72 This compares to an increase a third of women prisoners but
prison population in the region almost
in the world population of 16 per cent only two per cent of the general
doubled, increasing from 40,000 to
in the same period. On the basis of population.74 In Canada, a Justice
more than 74,000 prisoners.
12 | Penal Reform International | Global Prison Trends 2015PRISON POPULATIONS
About 6.5% of the world’s prisoners are
women. Between 2000 and 2013 the
number of women in prison increased
by over 40%.
Luzira women’s prison, Uganda. © Scott Langley 2014
Penal Reform International | Global Prison Trends 2015 | 13PRISON POPULATIONS
PRI research: to support family, and in
some cases ‘bad judgement’.
reflecting the reality that many
women are not welcomed back
Who are women In Georgia, Kazakhstan and by their families after release
prisoners? Kyrgyzstan around a third of in the way that men tend to
convicted women were in prison be. Also, imprisonment has a
During 2013-14 PRI surveyed for drug-related offences. greater impact on the mental
almost 1,200 women in prison health of women. Across all six
in six countries (Armenia • Violent offences made up less
countries, the women surveyed
and Georgia, Kazakhstan and than 25 per cent of cases in all
had extremely high rates of
Kyrgyzstan, Jordan and Tunisia). countries with the exception
depression and insomnia.
The findings show commonalities of Kyrgyzstan. However in
across borders and paint a Kyrgyzstan, an analysis of cases Since the UN Bangkok Rules were
picture of poverty, discrimination where the victim had been a adopted in December 2010 a body
and the damaging long-term male family member revealed of research has been building,
consequences of imprisonment. that at least half of the female filling a gap in the knowledge on
perpetrators reported abuse women prisoners. The research
• Most women said that they and 56 per cent said they had should serve as a starting point
were of very poor to average acted in self-defence. It is likely for the implementation of a
income, and seven or eight out that women’s experience of gender-sensitive penal system
of ten women had children. domestic violence and abuse is in line with the Bangkok Rules.
• Theft and fraud were the most underreported. It should be based on the
common offences women were pathways of women to crime
• The main consequences of
charged with or convicted of and an understanding of the
imprisonment for women were
(with the exception of Armenia). characteristics and needs of
loss of employment and housing,
The main reasons given for the women offenders to rebuild their
stigma, and family breakdown,
offence were financial, lives following release.
The vast majority are in prison for drug release. Linked to this violence offenders and prisoners.82 The Rules
related offences, usually low level drug are the high rates of mental health supplement the UN Tokyo Rules on
trafficking offences. illness,80 substance dependencies and alternatives to imprisonment and
susceptibility to self-harm and suicide encourage the use of gender‑specific
A report by the International Drug
among women prisoners.* non-custodial measures and
Policy Consortium calls for more
sanctions. They also give guidance
proportionate penalties for drug Typical offences committed by females
on how to meet the needs of women
offences, particularly for vulnerable are drug-related offences, property
prisoners, supplementing the Standard
groups, more prevention and income and other non-violent crimes, often
Minimum Rules for the Treatment
generating programmes to be with motivations relating to their
of Prisoners. Yet, awareness about
established, and a special focus financial situation. Violent female
the Bangkok Rules is still lacking
to be put on alternatives to prison offenders have often experienced
and states should work towards
for those convicted of low-level, extreme violence themselves, or have
implementation of the Bangkok Rules.
non‑violent offences.79 responded to domestic violence for
instance.81 Compared to men, a higher
The characteristics and needs of RECOMMENDATION
percentage of female offenders are
women are usually very different from
first-time offenders and recidivism States should work towards
those of men. Research shows that
rates are lower. Women in conflict with implementation of the
poverty and marginalisation play a
the law face greater stigmatisation in Bangkok Rules.
particular role for women offenders,
the majority of countries around the
that their educational profile reflects
world than that faced by their male
discrimination in education in
counterparts.
society and that a high percentage
are mothers, often sole or primary The UN Rules for the Treatment of
caretakers, or lead a single-headed Women Prisoners and Non-custodial
household. A disproportionate number Measures for Women Offenders (the
of women offenders have experienced Bangkok Rules) were adopted at the
violence in their lives, including sexual UN General Assembly in December
abuse, and this cycle of violence 2010 to address the specific gender
often continues in prison and after characteristics and needs of women
* For example, in the UK while making up only 5 per cent of the prison population, women account for half of incidents of self-harm with between a fifth
and a quarter of women harming themselves while in prison: Hawton K and others, ‘Self-harm in prisons in England and Wales: an epidemiological study
of prevalence, risk factors, clustering, and subsequent suicide’ The Lancet, Vol 383, No 9923, 2014, pp1147–1154.
14 | Penal Reform International | Global Prison Trends 2015PRISON POPULATIONS
Children and
young persons
UNODC have found that ‘globally, crime being ‘too serious’ to be dealt
between 2004-2006 and 2011-2013,
the rate of children in prison fell from
with in the children’s justice system
or because the child is accused
UN Global Study on
12 to 10 per 100,000 children’. alongside adult co-defendants. Children Deprived
Rates declined in all regions, but the
International attention to serious of Liberty
decrease was particularly pronounced
offending by children has increased Obtaining accurate
in Europe especially in Eastern Europe,
recently, in particular relating to a information about the
while there were also decreases in
number of high profile cases of gang numbers and situation of
parts of the Americas and Asia and
rape in India where one of the accused children and young persons
in Oceania. 83 However, significant
was under 18 (and therefore liable deprived of their liberty
increases were observed in Central
for a maximum penalty of three years has always proved difficult.
America and Western Asia. In Europe,
in prison under India’s progressive In an effort to address this
rates of juvenile imprisonment fell
juvenile justice legislation). A new lack of qualitative and
in most sub-regions by more than
Bill allows for children aged 16 and quantitative data, the UN
30 per cent, with the exception of
over accused of some serious crimes General Assembly adopted a
Southern Europe.84
to be transferred to adult courts. resolution in December 2014
Caution is needed in analysing such The proposed amendments have inviting the Secretary-General
data as children can be deprived of been described by India’s National to commission an in-depth
liberty in a range of establishments Commission for Protection of Child global study on children
outside the prison system, including Rights (NCPCR) as ‘retrograde in deprived of liberty.85
in secure units, approved schools, nature and against the principles of
boarding schools, and hospitals. For reformative and restorative justice’.88 The study will help document
example, in Uzbekistan children under the full extent to which
At the same time, evidence suggests children are deprived of
the age of criminal responsibility can
that children experience high levels their liberty, identify best
be effectively deprived of their liberty
of violence in detention, particularly practices, and put forward
in an institution, without a court order
in police custody and transportation. recommendations for how
by the Commission of Minors.
Almost half of all children surveyed in states can better fulfil their
The age of criminal majority (the age at Central Asia said they had been treated international obligations,
which offenders are no longer protected cruelly or violently by police (most to including the implementation
under the UN Convention on the Rights coerce confessions) and 30 per cent of the United Nations Model
of the Child) is commonly held at said they experienced severe physical Strategies and Practical
18 years of age but in many countries violence.89 Children in detention are Measures on the Elimination
has been determined at 16 or 17. also often subjected to damaging of Violence against Children.
disciplinary measures in detention The Global Study had been
However, evidence suggests that the
such as restraint, use of force and recommended, in May 2014,
minimum age of criminal responsibility
solitary confinement, instead of positive by the Committee on the
is being reviewed and lowered in a
forms of discipline, such as incentive Rights of the Child, noting
number of countries across the globe,
schemes, rewards for good behaviour that there is a great lack of
resulting in the criminalisation of more
and ensuring children are occupied in quantitative and qualitative
and younger children.86 In June 2010,
meaningful and constructive activities data, research and verified
Denmark lowered the minimum age
such as education and training, sport information on this subject.
of criminal responsibility from 15 to
and leisure.
14 years; in Peru a Bill aims to lower
it from 18 to 16 years for ‘serious Separate from children and young
crimes’; and in the Philippines there people held for offences they have
have been a number of Bills proposing been alleged of or convicted for,
for non-custodial measures and
it be lowered from 15 to ten years. there are thousands of children
sanctions, and a landmark verdict
A 2013 report by the Child Rights living in prison with their parent,
of South Africa’s Constitutional Court
International Network showed that in mostly their mother. Recent years
in 2007 ruled that sentencing must
31 states the minimum age of criminal have seen a growing recognition of
take into account the impact on the
responsibility is seven, and in another these children as a vulnerable group,
mother’s (parent’s) children.90
11 states it is at age eight.87 introducing standards to account
for their protection and needs, but In November 2013, the African
Moreover, in many countries measures
also towards considering primary or Committee of Experts on the Rights
are in place that effectively lower the
sole caretaking responsibilities within and Welfare of the Child adopted a
age of criminal majority; for example,
sentencing. The UN Bangkok Rules General Comment on the rights of
some jurisdictions (eg in the USA)
as well as Article 30 of the African children when their parents or primary
allow children’s cases to be transferred
Charter for the Rights and Welfare of caregivers are in conflict with the law
to adult courts on the basis of the
the Child have introduced a preference (see page 17).91
Penal Reform International | Global Prison Trends 2015 | 15PRISON POPULATIONS
There are thousands of
children living in prison
with their parent, mostly
their mother.
Dream One World, school and orphanage for children
of prisoners, Uganda. © Scott Langley 2014
16 | Penal Reform International | Global Prison Trends 2015PRISON POPULATIONS
Awareness of prisoners’ children
Children of prisoners Comment advises African states
on how to implement Article 30
is growing; however, the General
Comment delivers the first
highlighted by African of the African Charter on the comprehensive guidance on this issue
Child Rights Committee Rights and Welfare of the Child by any human rights body worldwide.
which is the only treaty provision
The first-ever General Comment explicitly protecting the rights RECOMMENDATIONS
drafted by the African of children of prisoners. The
Committee of Experts on the In responding to offending
General Comment deals with by children, detention should
Rights and Welfare of the Child every aspect of Article 30,
focuses on children of prisoners, be considered only as a
explaining how it relates to other last resort, for the shortest
both those accommodated in parts of the Charter and giving
prison with their parent and possible time. The age of
examples of how the rights of criminal responsibility should
those left behind. Adopted in children of imprisoned parents
November 2013, the General be set compliant with the
should be protected. recommendations of the UN
Committee on the Rights of the
Child92 and countries should not
allow for the transfer of children
It requires that the best interests of The General Comment also clarifies to the adult justice system.
each individual child are considered that Article 30 is applicable to children Decisions whether to allow
whenever they may be affected (for whose mother, father or other primary children to live in prison with
example at point of arrest, sentencing caregiver are in the criminal justice a parent must be made on an
or when visiting an imprisoned parent). process at any stage, from arrest to individualised basis, based on
Children should be able to participate detention and through to release and the best interests of the child.
in proceedings that affect them. reintegration.
Elderly prisoners
Recent studies have also shown the UK, also because of the surge of RECOMMENDATION
that penal systems are struggling people being convicted for offences
Special policies and strategies
to cope with a rising number of older many decades ago.
should be developed by prison
prisoners. For example, in England
In some countries for example in services to address the special
and Wales, male offenders aged 50
Spain, people are released from prison needs of this vulnerable group
or above are the fastest growing group
once they reach the age of 80. In of prisoners.102
in prison, rising by 74 per cent in the
other jurisdictions age is one of the
past decade to close to 10,000,
bases for granting conditional release,
11 per cent of the total prison
including in the case of a life sentence.
population. In the UK the over-60s
For example, in Azerbaijan and Russia
population has increased eight-fold
the maximum age whereby the court
since 1990.93 In the US, the number
will issue a life sentence is 65, while
of state and federal prisoners age 55
in Georgia conditional release can be
and older was 8,853 in 1981, rose to
considered at 60.98
124,900 in 2012 and was estimated by
experts to be over 400,000 by 2013.94 This shift in the prison population
poses new healthcare challenges,
In Canada the segment of the prison
including an increase in dementia
population over the age of 50 grew
among prisoners. Fifty to 80 per
by more than 50 per cent between
cent of prisoners have some form of
2001 and 2011. Increasing numbers
mental disability according to studies
of older prisoners are also reported in
undertaken in a number of countries.99
Australia and New Zealand, where a
special wing for older prisoners was Prisons are likely to be ill-equipped
opened in Rimutaka prison in 2011.95 for the needs of elderly prisoners.
In Japan, the number of prisoners over Prison infrastructure, ‘stairs, access
65 increased by 160 per cent between to sanitary facilities, [and] upper
2000 and 200696 and reportedly bunk beds’100 may cause problems
reflects an increase in crime among of accessibility and activities,
pensioners.97 rehabilitation and release programmes
may be tailored to younger offenders
The reason for the increase in elderly
in terms of skills training and education
prisoners is partly because of longer
and not address the resettlement
sentences and in some countries, like
challenges of older prisoners.101
Penal Reform International | Global Prison Trends 2015 | 17You can also read
