A global analysis of prisoner releases in response to COVID-19 - DECEMBER 2020 - DLA Piper
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A global analysis of
prisoner releases in response
to COVID-19
DECEMBER 2020
A GLOBAL ANALYSIS OF PRISONER RELEASES IN RESPONSE TO COVID-19 Contents Part 1 – Introduction 3 Introduction3 Executive summary 3 Background to report 6 Approach to report 9 Part 2 – Key findings 10 Data on COVID-19 related prisoner releases 10 Implementation of prisoner release measures 11 Decision-making authority and administrative release process 16 Prisoner release eligibility criteria20 Conditions attached to prisoner releases 29 Duration of prisoner releases 32 Release of pre‑trial detainees 34 Release of children in prison 38 Support measures available to prisoners on release40 Mechanisms to reduce new prison admissions 41 Successes and challenges with prisoner release schemes 42 Part 3 – Conclusion 46 Conclusion 46 Annexure A – Infographic summary of key findings 47 Annexure B – Research Questionnaire 49 Annexure C – Jurisdictions included in study 51 DLA Piper is a global law firm operating through various separate and distinct legal entities. For further information please refer to www.dlapiper.com. NOTE: the research in this report is only intended as a general overview and discussion of the issues dealt with. It is not intended to be, and should not be used, as a substitute for taking legal advice in any specific situation. 2
DLAPIPER.COM
Part 1 – Introduction
Introduction
with large numbers of prisoners
This report was prepared by DLA Piper with the support
released and low short-term
and input of the Association for the Prevention of recidivism rates. However, the
sustainability of such programs
Torture (APT). DLA Piper is a leading global law firm with
may become critical, to ensure
offices in more than 40 countries across Asia Pacific, prison decongestion strategies
continue and overcrowding levels
Europe, the Middle East, Africa and the Americas.
do not return to those seen before
It has a long-standing commitment to promoting the pandemic
fairer justice systems through its pro bono program.
The objective of the report is to:
DLA Piper is a trusted advisor to governments and
• compare the approaches taken
supported governments around the world to reform by governments globally to
decongest prisons through
justice systems to deliver enhanced community
prisoner release schemes and
outcomes and increased efficiency. The Association for limiting new prison admissions;
the Prevention of Torture is the leading, independent, • identify effective approaches and
examples of good practice that
non-governmental international organization whose
can be adopted and/or replicated
vision is for societies to exist without torture or ill elsewhere; and
treatment. APT works with governments, justice • support governments, particularly
in countries with severe
systems, National Preventive Mechanisms (NPMs),
overcrowding to safely reduce
national human rights institutions (NHRIs) and civil prison populations to reduce
the burden on the public purse,
society to take effective actions to prevent torture and
limit the risk of transmission of
other ill-treatment. COVID-19 and other viruses and
infectious diseases, create safer
This report was commissioned through early release programs working conditions for prison
to assist policy makers from a (for both adults and children1) and staff, reduce the strain on public
range of jurisdictions seeking to slowing new prison admissions. and prison health services and
identify effective mechanisms to effectively manage risk and
protect the health and safety of While some governments were ensure public safety.
correctional staff, prisoners, and the able to use existing legislative and
broader community, by reducing regulatory mechanisms, others Executive summary
prison populations. implemented new programs, via and recommendations
executive powers or legislation. In March 2020, the COVID-19
The report analyses the diverse While many COVID‑19 related pandemic was declared. Overnight,
approaches taken by governments prisoner release programs are prisons became a key public
around the globe to respond to the still in their infancy, initial data health concern for governments.
COVID‑19 pandemic and reduce the suggests they have been successful Prisons – particularly overcrowded
risk of transmission within prisons in reducing prison populations, facilities and those with poor
This report takes into consideration that the age of criminal responsibility is different in all jurisdictions. The terms “child” and “juveniles” will be used to
1
refer to persons under the age of 18 in compliance with international law.
3A GLOBAL ANALYSIS OF PRISONER RELEASES IN RESPONSE TO COVID-19
sanitation, hygiene and ventilation design and implementation (47% of jurisdictions). A similar
– are known to act as a source of prisoner population number of jurisdictions (43%)
of infection, amplification and reduction schemes: relied on release approval
spread of infectious diseases. being granted by senior public
Urgent action was required to • All jurisdictions included in our servants within the prison or
limit the transmission of COVID-19 study had existing mechanisms corrections administration and
to prisoners, staff and the which allowed for the release of a third of jurisdictions (32%)
broader community. pre-trial and convicted prisoners. relied on judicial approval. In
In many jurisdictions these terms of achieving the related
Recognizing the challenge and mechanisms were relied upon goals of protecting public health,
potential serious health risks, to release prisoners in response speed and efficiency, the use of
governments globally took swift to COVID‑19 (approximately administrative decision-making
action to decongest their prison three-quarters of jurisdictions within a strict framework can be
systems through releasing prisoners relied on existing laws). Despite an effective way to quickly reduce
and limiting new admissions. this, two-thirds of jurisdictions prisoner populations, but this
implemented new measures should be supplemented by a
This report analyses the approach to release prisoners given parallel judicial process where
to decongesting prison systems the unique risks associated discretion can be exercised to
adopted by governments in with COVID‑19 infection and achieve fairness through the
53 jurisdictions across Asia Pacific, transmission in overcrowded exercise of discretion and/or
Europe, the Middle East, Africa, facilities. Of the jurisdictions that judicial review.
North and Central America. The implemented new measures,
• Almost all jurisdictions within
results of those 53 jurisdictional 28% enacted new legislation
the study released convicted
analyses have been summarized via parliaments and 72% relied
prisoners in response to
into key findings set out in Part 2 of on executive powers to release
COVID-19. Release eligibility was
this report and in an infographic at prisoners via regulations and
based on three key criteria: (i) the
Annexure A. decrees. In terms of good
nature of the offence committed
practice, identifying and using
by the prisoner, (ii) the nature or
The study concluded that at least existing mechanisms brings
status of the prisoner’s sentence,
475,000 prisoners comprising significant advantage in terms
and (iii) whether the prisoner
convicted prisoners and pre-trial of speed, which may well prove
had particular vulnerabilities.
detainees, and both adults and critical in limiting the spread of
Jurisdictions commonly applied
children, were released across the COVID-19 and other viruses.
a combination of these three
53 jurisdictions between March and Existing mechanisms for early
criteria, meaning a prisoner
July 2020. Official prisoner release release should be supplemented
needed to satisfy various eligibility
data was however inconsistent where necessary with additional
tests to be released.
and incomplete (only a quarter of measures, including measures
jurisdictions published up-to-date, to remove elderly people or • In terms of the offence
disaggregated data on prisoner other prisoners in situations of committed by the prisoner,
releases). In some countries, the vulnerability2 who pose no or low the main groups of released
legal basis underpinning the release risk to the community. prisoners were those convicted
programs and/or the conditions of non‑violent or minor
• Under the various prisoner
applying to the release schemes, offences and therefore posed
release schemes, approval
were unclear. no great risk to the community
was commonly required by a
(83% of jurisdictions expressly
government official such as
The study identified a referred to such offence
a president, state governor
number of trends and good criteria). Serious violent
or minister, often through an
practices with respect to the offenders and sexual offenders
executive pardon or clemency
2
Within the broader framework of challenging issues that affect people in prison, certain segments of the prison population are especially vulnerable
and therefore at much higher risks of contagion. Those who are particularly vulnerable are elderly people, and detainees suffering from a chronic health
condition, among others.
4DLAPIPER.COM
were regularly called out as governments to achieve or ill health. Releases of pre-trial
ineligible for release, although substantial reductions in elderly detainees were effected through
only a quarter of jurisdictions people and other people in a combination of existing
expressly excluded prisoners situation of vulnerability being provisions (often bail hearings)
at risk of, charged with, or detained , reducing COVID-19- as well as new release measures
convicted of domestic violence related risks and limiting the which were implemented to
related offences from release. high ongoing costs associated speed up the release process
Given many countries have with the incarceration for this and reduce the burden on
reported increased incidents of specific group of people. individual judges. Although
domestic violence during the the increasing use of remote
• In a third of jurisdictions, release
pandemic, it is recommended video technology represented
eligibility was further linked to
that the risks posed to a a valuable tool for judges in
the availability of accommodation
domestic partner be considered certain jurisdictions during the
for a prisoner on release and the
as part of the decision-making pandemic, the judiciary should
ability of a prisoner to financially
framework for early release. remain vigilant to ensure that
sustain themselves. Such
disparities in access to technology
• In terms of nature or status of considerations are contextual and
do not serve act as barriers to
sentence, 85% of jurisdictions may or may not be appropriate
engagement with the courts.
linked the release of convicted depending on other social and
Courts should consider adopting
prisoners to the prisoner cultural factors. A small number of
guidelines to mitigate any harm,
having served a minimum jurisdictions (8%) also considered
including on attorney-client
period in prison or being the status of any outstanding
communications and relations.3
within days or months of their fines or debts owed by the
Only a third of jurisdictions
release date/completing their prisoner. These criteria likely
released children in prisons,
total sentence. served as a barrier to release
including both convicted and
for many poor and/or homeless
• In terms of prisoner pre-trial detainees. Unfortunately,
prisoners and those without
vulnerability, almost two- there was very little data on the
support networks on the outside
thirds of jurisdictions (62%) number of children released from
and limited the effectiveness of
considered the vulnerability prison and there was limited
early release programs from a
of prisoners in their release information about the criteria
public health perspective. A third
criteria. The criteria focused on used to determine eligibility
of jurisdictions further considered
prisoners who were particularly for release. Some jurisdictions
the wishes of victims as part of
vulnerable to COVID‑19; took the approach of a blanket
the release eligibility assessment,
namely elderly prisoners aged release of any child in detention
although it is unclear what weight
anywhere between 50 and facilities, whereas other
was given to such considerations.
70 (38% of jurisdictions) and jurisdictions applied similar
prisoners with chronic health • Almost half of the jurisdictions criteria to the releases of adults
issues (55% of jurisdictions). released adult pre-trial detainees with the focus being on children
A quarter of jurisdictions also (43%) despite pre-trial detainees charged with, or convicted of,
released female prisoners, making up large portions of minor or non-violent offences.
pregnant or breastfeeding prison populations. Eligibility In general, children should not be
prisoners, and mothers with criteria uniformly included that incarcerated, except as a measure
children living with them in the person was charged with of last resort. When detention is
prisons given their vulnerable a minor or non‑violent offence absolutely necessary, it should be
status. The pandemic created and/or fell into a vulnerable used for the shortest appropriate
an opportunity for many category of prisoner due to age period of time and should aim at
3
https://www.dlapiper.com/en/uk/insights/events/2019/06/access-to-justice-and-technology-summit/17-june-2019/
https://www.pilnet.org/effect-of-covid-19-on-access-to-justice/
https://www.pilnet.org/effect-of-covid-19-on-access-to-justice-2/
https://www.pilnet.org/effect-of-covid-19-on-access-to-justice-3/
https://www.pilnet.org/effect-of-covid-19-on-access-to-justice-4/
5A GLOBAL ANALYSIS OF PRISONER RELEASES IN RESPONSE TO COVID-19
rehabilitating and reintegrating jurisdictions released prisoners management, and hence on
children into society. Where these temporarily, which meant certain prison staff whose health and
principles are followed, early prisoners were required to return safety were put at risks during the
release of children should not to prison after a fixed period of pandemic. The responses provided
result in significant reductions of time or after the COVID‑19 health by authorities varied across
the detainee population. Also, as crisis resolved. jurisdictions. Some good practices
the characteristics of COVID-19 were identified, including providing
• About 70% of jurisdictions
became better understood, security bonus to security, medical
reported some degree of support
and the risks posed to children and administrative personnel; the
programs available to prisoners
(or by children) were known to establishment of inter-institutional
on release, although the extent
be limited, focus likely shifted dialogues between penitentiary
to which those services were
to adult detention facilities. It is, authorities and unions; periodic
practically accessible and effective
however, very likely that in some specialized training using the
(particularly during the pandemic)
instances, governments used new technology: for instance
is unknown. In contrast, very few
the pandemic as an opportunity in Guatemala, the School of
jurisdictions implemented new
to reduce the total population Penitentiary Studies continued
support programs to respond
of juvenile detainees using early to teach courses through digital
to the increased numbers of
release measures – especially in platforms. The courses included
released prisoners and the
countries where children were the management of emotions
particular circumstances of the
being held in adult prisons. in times of COVID-19, as well as
COVID‑19 pandemic.
implementation of biosecurity
• Releases were often conditional
• In addition to releasing protocols. Strategic plans for
on a prisoner complying with one
prisoners, half the jurisdictions vaccination took into consideration
or more terms (three-quarters
undertook measures to prison staff and detainees, although
of jurisdictions imposed at least
reduce new prison admissions their priority levels varied drastically:
one condition). The conditions
– a critical, complementary in some jurisdictions, staff and
commonly imposed on released
strategy to alleviate prison detainees are equally a priority
prisoners included good
overcrowding. Policies adopted group for vaccination, in others only
behavior (42%), supervision by
by police, prosecutors and staff is considered a priority, while in
prison or corrections staff (34%),
judges included the use of cite others, only detainees.
compliance with COVID‑19
and release notices, ceasing
directions including quarantining
arrests for minor offences, COVID-19 has demonstrated that
and testing (13%), home
postponing prosecutions, the governments, when willing, can
detention (13%) and electronic
use of summons to attend court, effectively and swiftly implement
monitoring (21%). It may well
suspending short-term prison prisoner release programs to
be that a lasting impact of the
sentences and only imposing pre- decongest prisons (whether through
COVID-19 pandemic will be a shift
trial detention in the most serious existing or new mechanisms)
towards alternatives to full-time
of cases. while appropriately balancing
custody, as the costs and public
risks to the community and
health risks make alternatives Although it is too soon for formal
supporting prisoner reintegration.
increasingly attractive. In many evaluation of release programs
Governments must continue
Least Developed Countries, it is implemented in response to
this momentum by maintaining
hoped that increased investment COVID‑19, early analysis of
prisoner release programs as a
into supervision and monitoring recidivism rates across the study
core, long-term strategy to reduce
capabilities will achieve substantial suggests that released prisoners
prison overcrowding well beyond
savings over the medium term. have not reoffended at high rates.
the pandemic.
This indicates that release programs
• Where releases were granted,
have been successful, and, in a few
most were granted on a Background to report
jurisdictions, governments have
permanent basis (83% of
confirmed their programs will be GLOBAL PRISON LANDSCAPE
jurisdictions facilitated some
continued beyond the pandemic. More people than at any time
degree of permanent release
in human history are detained
of prisoners) consistent with
The COVID-19 pandemic has put in prisons around the globe.
a long-term strategy of prison
an important stress on prison As estimated by Penal Reform
decongestion. Only 17% of
6DLAPIPER.COM
International, more than 11 million floor space where they can to develop non-custodial measures
people were detained in prisons sleep, eat, sit, exercise, access to reduce the use of imprisonment
in 2019.4 That figure includes toilet and washing facilities and from pre-trial to post-sentencing
700,000 women, 19,000 children maintain personal hygiene.13 dispositions; the 2010 United
living in prisons with their mothers, It also restricts prisoners’ rights to Nations Rules for the Treatment of
and around 410,000 children access appropriate healthcare. 14
Women Prisoners and Non-custodial
in juvenile detention facilities.5 The effects of overcrowding are dire Measures for Women Offenders
In addition, it is reported that more – the inhumane living conditions (the Bangkok Rules), and the
than 3 million people are held in lead to tensions and outbreaks of 2015 United Nations Standard
pre-trial detention with a further violence, higher rates of deaths in Minimum Rules for the Treatment of
1 million children detained in custody, and poor physical health, Prisoners19 (Nelson Mandela Rules).
police custody.6 As governments mental health and rehabilitation
detain people at higher rates for outcomes for detainees.15 Prison Addressing prison overcrowding is
longer periods, prison systems are overcrowding also negatively affects no doubt challenging. Overcrowding
strained, causing severe levels of the entire criminal justice system, has multiple and cumulative causes,
overcrowding within some facilities. resulting in staff demotivation, often external to the prison system
At the end of 2019, more than development of parallel coping itself, including other spheres of State
124 countries reported exceeding mechanisms and corruption. 16
responsibility such as social welfare
their maximum prison occupancy policies, access to health services,
rates.7 Some of the highest levels Since at least 1985, the United education and employment.20 Key
of overcrowding reviewed as part Nations has highlighted the high root causes include limited access to
of this report include Guatemala levels of overcrowding that existed justice for people in conflict with the
at 374%,8 Honduras at 204%9 and in many countries and the need law, overuse of pre-trial detention,
United Arab Emirates at 160%.10 for States to use alternatives to punitive drug laws and policies,
imprisonment to reduce populations inappropriate use of imprisonment,
Overcrowding is a serious and support the reintegration of lack of non-custodial alternatives,
humanitarian concern.11 It prisoners.17 This subsequently limited prisoner rehabilitation
undermines hygiene, health, safety led to seminal agreements such programs as well as offenders’
and human dignity.12 It denies as the 1990 United Nations socio-economic marginalization and
prisoners their basic rights to Standard Minimum rules for inequality.21 Given the complexity of
safe and clean accommodation Non-custodial Measures 18
the issues, long-term, sustainable
with ventilation and minimum (Tokyo Rules) which obligates States reductions in overcrowding can
4
Global Prison Trends 2020, Penal Reform International and Thailand Institute of Justice, pg 7
5
Global Prison Trends 2020, Penal Reform International and Thailand Institute of Justice, pg 7
6
Global Prison Trends 2020, Penal Reform International and Thailand Institute of Justice, pg 6
7
Global Prison Trends 2020, Penal Reform International and Thailand Institute of Justice, pg 8
8
https://prisonstudies.org/country/guatemala
9
https://prisonstudies.org/country/honduras
10
https://prisonstudies.org/country/united-arab-emirates
11
Pg iii, Handbook on Strategies to Reduce Overcrowding in Prisons, UNODC, 2013
12
UNODC, WHO, UNAIDS, OHCHR Joint Statement on COVID-19 in prisons and other closed settings, 13 May 2020, accessed at https://www.who.int/news/
item/13-05-2020-unodc-who-unaids-and-ohchr-joint-statement-on-covid-19-in-prisons-and-other-closed-settings
13
Such rights are set out in the Nelson Mandela Rules 12-23.
14
Such rights are set out in Nelson Mandela Rules 24-35.
15
Global Prison Trends 2020, Penal Reform International and Thailand Institute of Justice, pg 8
16
Pg iii, Handbook on Strategies to Reduce Overcrowding in Prisons, UNODC, 2013
17
Resolution 16, Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 August – 6 September 1985, A/
CONF.121/22/Rev.1 adopted by UN General Assembly on 29 November 1985 A/RES/40/32
18
A/RES/45/110
19
A/RES/70/175
20
Pg iv, Handbook on Strategies to Reduce Overcrowding in Prisons, UNODC, 2013
21
Pg 35, Handbook on Strategies to Reduce Overcrowding in Prisons, UNODC, 2013
7A GLOBAL ANALYSIS OF PRISONER RELEASES IN RESPONSE TO COVID-19
only be achieved with a holistic, It is well documented that prisons confined settings in which they
coordinated response from a broad act as a source of infection, reside.28 People in prisons live
range of authorities, including amplification and spread of in very cramped conditions,
the legislature, judiciary, police, infectious diseases within and for prolonged periods of time,
prosecutors, court administration and beyond the prison system.24 with little ventilation.29 They are
oversight bodies, as well as society Overnight, COVID‑19 became a forced into close proximity with
at large.22 major problem for governments each other, increasing infection
and their congested prison and the spread of COVID‑19.30
Despite international commitments systems. Overcrowded facilities Social distancing is impossible,
to decongest prisons, little present an insurmountable meaning disease transmission
progress globally has been obstacle for preventing, preparing is inevitable.
made. The prevailing approach and responding to COVID‑19
of many governments is to be and a health response alone is Hygiene and sanitation are also very
“tough on crime,” leading to insufficient. COVID‑19 is not only
25
poor, with limited access to soap
progressively more punitive a risk to prisoners, but also the and hand sanitizer. Prisoners share
criminal justice policies. Combined broader community. Every day communal bathrooms and eating
with stigmatization of prisoners, large numbers of people come areas, and typically sleep in shared
community attitudes towards and go from prisons – prison staff, cells or dormitories. In some cases,
crime, growing inequality and contractors, health professionals, cells only distribute lukewarm water,
inadequate social safety-nets, educators and visitors, which preventing prisoners from effectively
holistic criminal justice reform and creates ample opportunity for washing their hands and bodies, or
implementation of non‑custodial COVID‑19 to both enter a prison cleaning their cells.31
measures that focus on diversion and then be taken back out to
and rehabilitation of prisoners has the community. Prisoners also typically have a
been significantly inhibited. greater underlying burden of
Governments recognized that the disease and worse health conditions
COVID‑19 has however provided a risk of rapidly increasing transmission than the general population.32
unique opportunity for a change of COVID‑19 in prisons would have This means the risks for prisoners
in course. an amplifying effect on the epidemic, if they contract COVID‑19 are
swiftly multiplying the number even more severe, and the cost
THE IMPACT OF COVID‑19 of people affected.26 Efforts to of providing care even higher.
On March 11, 2020, the World control COVID‑19 in the community However, despite experiencing
Health Organisation Director- would fail unless strong infection poorer health, prisoners have very
General declared COVID‑19 a prevention and control measures, limited access to healthcare.
global pandemic.23 COVID‑19 is a adequate testing, treatment and care
respiratory disease that can cause were carried out in prisons.27 The first prisoner infected with
death and spreads from person COVID‑19 was identified in Iran
to person through close human Prisoners are more vulnerable as early as February 19, 2020.33
contact, droplets in the air or to COVID‑19 than the general By February 29, more than 806
touching infected surfaces. population because of the prisoners had been infected in
22
Pg iv and 1, Handbook on Strategies to Reduce Overcrowding in Prisons, UNODC, 2013
23
https://www.euro.who.int/en/health-topics/health-emergencies/coronavirus-covid-19/novel-coronavirus-2019-ncov
24
Pg 1, WHO Interim Guidance, “Preparedness, prevention and control of COVID-19 in prisons and other places of detention”, 15 March 2020
25
UNODC, WHO, UNAIDS and OHCHR Joint Statement on COVID-19 in Prisons and Other Closed Settings, 13 May 2020 accessed at https://www.who.int/
news/item/13-05-2020-unodc-who-unaids-and-ohchr-joint-statement-on-covid-19-in-prisons-and-other-closed-settings
26
Pg 1, WHO Interim Guidance, “Preparedness, prevention and control of COVID-19 in prisons and other places of detention”, 15 March 2020
27
Pg 1, WHO Interim Guidance, “Preparedness, prevention and control of COVID-19 in prisons and other places of detention”, 15 March 2020
28
Pg 1, WHO Interim Guidance, “Preparedness, prevention and control of COVID-19 in prisons and other places of detention”, 15 March 2020
29
Preparedness, Prevention and Control of COVID-19 in prisons, World Health Organisation, 2020, pg. 9
30
Preparedness, Prevention and Control of COVID-19 in prisons, World Health Organisation, 2020, pg 9
31
As reported in Rowson v Department of Justice, Corrections Victoria and the State of Victoria [2020] VSC 236
32
Preparedness, Prevention and Control of COVID-19 in prisons, World Health Organisation, 2020, pg 9
33
https://iranprimer.usip.org/blog/2020/mar/03/coronavirus-spreads-iran%E2%80%99s-prisons
8DLAPIPER.COM
Chinese prisons.34 Shortly after this, by governments to understand Prisoner Releases in response to
major outbreaks of COVID‑19 were how such schemes reduced COVID‑19 – Individual Research
being reported in Iran, China and overcrowding. The research included Reports for 53 Jurisdictions.39
the US. the releases of convicted prisoners
as well as pre-trial detainees, and The legal research for the
As the COVID-19 health crisis both adults and juveniles. questionnaires was desk-
spread, UN High Commissioner based only. Where possible, the
for Human Rights, Michelle The jurisdictional research was research was conducted using
Bachelet, called for States to “not undertaken by lawyers at DLA Piper primary source material such as
forget those behind bars” and with, in some cases, support legislation, regulations, and other
“act quickly to reduce the number from law students who are part government documents and
of people in detention”35 as well of DLA Piper’s Global Scholarship statements. However, in a number
as implement other prevention Program. Where possible, locally of jurisdictions, primary source
measures including use of PPE, qualified lawyers supported and materials were not readily available,
physical distancing, much improved supervised local law students and accordingly the research relied
sanitation and cleaning practices. to undertake the research. The on secondary source materials such
A swift, firm, whole of government research was conducted between as media and civil society reports.
response aimed at ensuring healthy May and July 2020 using a standard
and safe custody, and reducing scope and format. A copy of the Following completion of
overcrowding, would be essential questionnaire is at Annexure B. the individual jurisdiction
to mitigating the risk of COVID‑19 The questionnaire only considered questionnaires, results were
entering and spreading in prisons. 36
release measures and steps taken to compiled to form the basis of this
reduce new prison admissions; it did report. The report was drafted by
In response to the UN’s call, many not consider COVID‑19 prevention DLA Piper between September and
governments implemented a range measures including increased November 2020.
of measures to prevent outbreaks sanitation, PPE, or physical
and transmission of the virus. One distancing procedures that may It is important to note that this
of the key measures was to reduce have been implemented. report uses the broad term
prison populations by releasing “prisoner” to refer to both a person
prisoners and pre-trial detainees The questionnaire was who has been convicted of an
and limit new admissions into prison completed for 53 jurisdictions offence (also known as a convicted
systems. These measures are the across Asia Pacific, Europe, the prisoner or offender) as well as
subject of this report. Middle East, Africa, North and a person who has been charged
Central America. A list of those and is awaiting trial in detention
As at November 5, 2020, more than jurisdictions is at Annexure C. (also known as an untried prisoner,
283,332 prisoners had reportedly The jurisdictions selected were pre-trial detainee or remandee).
contracted COVID‑19 across those countries that publicly Where the treatment of a prisoner
115 countries with more than
37
reported prisoner population differed depending on their status
2,537 prisoners in 39 countries reduction in response to COVID‑19 as a convicted person or a person
having died from the disease.38 – either through existing or new on pre-trial detention, a distinction
measures. Due to their length, is made and the terms “convicted
Approach to report the completed questionnaires prisoner” or “pre-trial detainee”
The first stage in the study was for each of the 53 jurisdictions are used.
undertaking legal research into are published in a separate,
prisoner release schemes adopted accompanying report called
34
https://theconversation.com/why-releasing-some-prisoners-is-essential-to-stop-the-spread-of-coronavirus-133516
35
https://news.un.org/en/story/2020/03/1060252
36
UNODC, WHO, UNAIDS and OHCHR Joint Statement on COVID-19 in Prisons and Other Closed Settings, 13 May 2020 accessed at https://www.who.int/
news/item/13-05-2020-unodc-who-unaids-and-ohchr-joint-statement-on-covid-19-in-prisons-and-other-closed-settings
37
https://www.jpp.org.pk/covid19-prisoners/
38
https://www.jpp.org.pk/covid19-prisoners/
39
Available at https://www.dlapiper.com/en/us/focus/probono/overview/
9A GLOBAL ANALYSIS OF PRISONER RELEASES IN RESPONSE TO COVID-19
Part 2 – Key findings
by the prisoner and the length of
This section sets out the key findings identified across
time the prisoner served for that
the 53 jurisdictional reports on prisoner release offence before being released.43
Pennsylvania (US) also offered
schemes. The findings are also summarized in an
transparent data, publishing daily
infographic set out at Annexure A the number of prisoner releases
that had been implemented in
Data on COVID-19- number of prisoners released response to COVID‑19.44
related prisoner since the pandemic commenced.
releases One example is Honduras40 While no formal data was provided,
where no up-to-date, official data Washington (US) 45 and Rwanda46
LACK OF DATA
on people in detention (even published the names of the
One of the most concerning but
pre‑COVID‑19) was available. prisoners who were granted early
perhaps unsurprising findings
release via executive order.
in the study was the lack of
Where no prisoner release data was
publicly available, timely, accurate,
published by governments, the only ESTIMATED NUMBER OF
disaggregated data provided
available information was figures PRISONER RELEASES
by governments on prisoners
that were reported in the media as Given the lack of official data on
released in response to COVID‑19.
part of statements by government prisoner releases, the study was
A number of jurisdictions published
officials or other news reports. unable to confirm the exact number
data on total prisoner populations
In certain jurisdictions, including of prisoners released across the
month by month; however, it was
Northern US states41 and Germany,42 53 jurisdictions in response to
impossible to determine to what
capturing data on prisoner releases COVID‑19. Nevertheless, using both
extent any reductions were a direct
was particularly complicated by official and non‑official prisoner
consequence of COVID‑19 release
the fact that state and county level release data, it is estimated that,
measures or otherwise the usual
prisons do not aggregate their between March and July 2020,
fluctuation in prisoner numbers.
data and therefore there was no at least 475,000 prisoners were
Where possible, the jurisdictional
complete or comprehensive data set released across the jurisdictions
research focused on prisoner
to rely on. in the report. It is, however, noted
release data (as opposed to general
that the figure of 475,000 includes
prisoner population data), but this
In contrast, some jurisdictions in temporary releases (ie the prisoner
was not always available.
the study published excellent data was released but required to return
on COVID‑19 prisoner releases. to prison after a set period of time)
A number of the jurisdictions in the
Typically available on the relevant and therefore it is not reflective of a
study have a history of poor data
Corrections Department website, net reduction of people in detention
collection with respect to people in
the data was regularly updated globally. By the time of publication
detention generally. Such data gaps
and publicly accessible. Some of of this report, we estimate that
have been amplified by COVID‑19,
the best examples of this were prisoner release programs in the
with about three-quarters of
Scotland, which published monthly 53 jurisdictions will have exceeded
governments in the study failing
prisoner release numbers, broken 1 million people.
to publish any official data on the
down by the offences committed
40
See further Honduras Report, Part 1.
41
See further various Northern states of United States of America Reports, Part 3.
42
See further Germany Report, Part 3.
43
See further Scotland Report, Part 3.
44
See further Pennsylvania Report, Part 3.
45
https://www.doc.wa.gov/news/2020/docs/covid-19-reduction-efforts-commutation.pdf. See further Washington Report, Part 13.
46
Annex of the Ministerial Order Nº 08/MOJ/AG/20 OF 19/05/2020 Granting Release on Parole, Official Gazette n° 14 of 19/05/2020. See further Rwanda
Report, Part 3.
10DLAPIPER.COM
Some of the largest reported COVID-19-related release measures, specific to COVID‑19, to facilitate the
prisoner releases were in which in turn, has reduced global early release of convicted prisoners
jurisdictions with no official, overcrowding in prisons. It is therefore and pre-trial detainees. Approaches
supporting data and included: recommended that, consistent with to limiting new prison admissions is
States’ international obligations, discussed further at Part 10.
• Iran which reportedly released any future prisoner releases are
104,000+ convicted prisoners;47 accompanied by regular and timely, Of the 53 jurisdictions in the study:
publicly available data, disaggregated
• India which reportedly released
at the very least by the status of the • 40% relied on existing release
68,200+ prisoners (including
prisoner (convicted or remandee), age measures, as set out in existing
both convicted prisoners and
(including juveniles) and gender. laws and regulations/decrees;
pre-trial detainees);48
• 28% relied on new release
• Iraq which reportedly released Implementation of
measures which were specifically
62,000+ prisoners (including prisoner release
created in response to COVID-19
both convicted prisoners and measures
via new legislation or regulations/
pre‑trial detainees);49 As discussed above, COVID‑19 forced
decrees; and
governments to quickly implement
• Ethiopia which reportedly
measures to reduce prison • 32% relied on a combination
released 40,000+ prisoners
populations and limit the spread of of both existing and new
(including both convicted
the virus within facilities. While the release measures.
prisoners and pre-trial
causes of overcrowding are complex
detainees);50 and
and cannot simply be resolved EXISTING PRISONER
• Indonesia which reportedly through releases, releasing convicted RELEASE MEASURES
released 38,000+ prisoners and pre-trial detainees Non-custodial measures are
convicted prisoners.51 can be an effective strategy to fundamental elements of all criminal
decongest prisons quickly. Releases justice systems and required
Some of the smallest prisoner
must however be coupled with a under the Tokyo Rules. Non-
releases in total numbers were
simultaneous strategy of limiting custodial measures must balance
also in jurisdictions without publicly
new prison admissions to ensure the rights of offenders, victims
accessible data including Nevada
the released prisoners are not and concerns of society for safety
(US),52 which reportedly only
simply replaced by new prisoners and crime prevention54. However
released 115 convicted prisoners
in the system. they can helpfully serve to reduce
and Botswana,53 which only released
prison populations by keeping
164 convicted prisoners.
With regards to releasing convicted or charged persons out
prisoners, the study found that of the prison system and in the
Without accurate, up-to-date data,
governments either released community. They are intended
it is impossible to determine the
prisoners using existing to limit institutionalization and
true extent to which the number of
mechanisms set out in their laws assist offenders with reintegration
people in detention has reduced
and regulations, and/or they into society.55
as a direct consequence of specific
implemented new measures,
47
https://www.rferl.org/a/iran-says-1000-foreign-prisoners-released-temporarily-due-to-virus-outbreak/30568248.html and https://en.irna.ir/
news/83798747/Supreme-Leader-pardons-commutes-prison-terms-of-3-721-inmates See further Iran Report, Part 3.
48
Data provided by the Commonwealth Human Rights Initiative https://www.humanrightsinitiative.org/content/stateut-wise-prisons-response-to-covid-19-
pandemic-in-india. See further India Report, Part 3.
49
https://nrttv.com/En/News.aspx?id=20870&MapID=2 See further Iraq Report, Part 3.
50
https://www.unodc.org/unodc/frontpage/2020/May/to-address-fears-of-prisoners-from-covid-19-and-minimize-risk-of-transmission--unodc-donates-
medical-supplies-to-ethiopias-prisons.html See further Ethiopia Report, Part 3.
51
https://infografik.bisnis.com/read/20200429/547/1234450/dua-sisi-kebijakan-pembebasan-napi See further Indonesia Report, Part 3.
52
Responses to the Covid-19 Pandemic, Prison Policy Initiative, https://www.prisonpolicy.org/virus/virusresponse.html See further Nevada Report, Part 3.
53
https://www.dailymaverick.co.za/article/2020-05-15-prisons-breeding-grounds-for-communicable-and-infectious-diseases-including-covid-19/#gsc.tab=0
and https://taarifa.rw/botswana-pardons-15-zimbabwean-prisoners-amid-covid-19/. See further Botswana Report, Part 3.
54
Rule 1.4 Tokyo Rules.
55
Rule 9 Tokyo Rules.
11A GLOBAL ANALYSIS OF PRISONER RELEASES IN RESPONSE TO COVID-19
Consistent with the Tokyo Rules, • warnings/undertakings • In NSW (Australia), there was a
all jurisdictions in the study have 3% increase in the imposition of
• monetary penalties including
non‑custodial measures set out community based corrections
fines and compensation
in their laws which can be used as orders from March to July 2020.61
alternatives to detention at different • restitution
• In Italy, the Prosecutor of
stages in the criminal justice process
• community service orders Supreme Court issued a
(namely at pre-trial, on sentence or
communication62 to all public
post-sentence). The nature and range • probation
prosecutors in the courts
of such non-custodial measures
• home detention of appeal to encourage the
varied widely from jurisdiction to
application of non-custodial
jurisdiction, as did the extent to which • suspended/deferred sentences
sentencing measures. Following
they were used by governments to
In contrast, a few jurisdictions such this directive, judges increasingly
respond to COVID-19.
as Bangladesh,57 Kuwait58 and Iraq59 imposed home detention on the
only permitted one non‑custodial basis of elderly age of offenders
Non-custodial pre-trial measures
sentencing alternative in their and postponed the execution
At the pre-trial stage, the most
criminal legislation, namely, the sentence where an offender was
common non‑custodial measure
imposition of fines. Given the limited in poor health.63
that jurisdictions permitted at law
non-custodial sentencing options
was bail. The use of bail to address • In France, courts allowed the
available, these countries tended
overcrowding and release pre-trial conversion of prison sentences
to rely on early release measures
detainees is further discussed for prisoners convicted of delits
(ie post-sentence dispositions) to
in Part 7. (a category of crime punishable
decongest prisons.
by two months to ten years
Non-custodial sentencing imprisonment) to community
Despite many jurisdictions having a
measures service or home detention.64
range of non‑custodial sentencing
At the sentencing stage, there
options available, there were • In Scotland, the terms of the
was some variance between
limited examples of jurisdictions 60
Community Payback Orders
jurisdictions56 as to the extent
increasingly using such sentences (a form of community service)
of non‑custodial options
in the wake of COVID‑19 to address were extended given the inability
available in the relevant criminal
overcrowding and limit new prison of prisoners to complete the
procedure legislation.
admissions. Some examples of terms of such sentences due
jurisdictions where non-custodial to COVID‑19 restrictions.65 This
The vast majority of jurisdictions
sentences were imposed more made community service a more
offered a range of non‑custodial
frequently after COVID‑19 are: accessible sentencing option
sentencing options which included:
than before.
56
See generally Part 2 of the Jurisdictional Reports.
57
Penal Code of Bangladesh 1860. See further Bangladesh Report, Part 2.
58
https://www.osac.gov/Country/Kuwait/Content/Detail/Report/c5de67ea-8f95-4ebf-8b65-15f4aeb2ac73 See further Kuwait Report, Part 2.
59
https://www.ohchr.org/Documents/Countries/IQ/UNAMI_Report_HRAdministrationJustice_Iraq_28January2020.pdf See further Iraq Report, Part 2.
60
See generally Part 4 of the Jurisdictional Reports.
61
Australian Bureau of Statistics, 2020, Corrective Services, Australia, March Quarter 2020, accessed 15 July 2020, . See further NSW (Australia) Report, Part 3.
62
https://www.giurisprudenzapenale.com/wp-content/uploads/2020/04/Nota_PG_carceri.pdf
63
See further Italy Report, Part 4.
64
Ordonnance n° 2020-303 du 25 mars 2020 portant adaptation de règles de procédure pénale sur le fondement de la loi n° 2020-290 du 23 mars 2020
d’urgence pour faire face à l’épidémie de COVID-19, https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041755529&categorieLien=id.See
further France Report, Part 5.
65
Part 6, Sch 4 Coronavirus Act (Scotland) 2020. See further Scotland Report, Part 4.
12DLAPIPER.COM
• In Germany, various state risks for staff overseeing the release measures identified in the
courts increased the number programs and prisoners involved study were:
of suspended sentences they in such programs. For example,
imposed on people who failed New York (US) suspended their • forms of parole/
to pay their court mandated fine community supervision programs supervised release
instead of imposing substitute for three months due to the virus
• conditional release
prison sentences.66 risks for staff and prisoners.70
France reduced the maximum • furlough/temporary release
• In Nigeria, the Chief Justice
sentence that could be imposed by
issued a directive to all State • home detention with or without
judges for community service to 35
judges to impose fines instead electronic monitoring
hours (down from an average 105
of imprisonment for people
hours), which meant the sentencing • pardon/amnesty/clemency
convicted of less serious crimes.67
measure was available to fewer
• In Jordan, the courts increased defendants.71 California (US) also Approximately three-quarters
their use of written warnings suspended transfers of inmates of the jurisdictions in the study
and undertakings as sentencing into Male Community Re-entry relied, to some degree, on existing
alternatives to imprisonment programs, Custody community early release mechanisms to
where an accused person Re-entry Programs and the release prisoners. This was a
agreed to quarantine and not Alternatives to Custody Programs logical and practical response
breach the law.68 (all alternatives to prison), thereby to COVID‑19 as it avoided new
limiting its operation.72 programs being implemented and
• Even Honduras, with limited
allowed existing infrastructure
non-custodial sentencing
Although there was no data to be employed. Jurisdictions
options, reported an increased
available, it is possible that the which expanded the operation of
use in home detention, with
reduced availability of non-custodial existing early or temporary release
an additional 548 people
sentencing measures may have schemes included:
being granted home detention
resulted in increased custodial
sentences in response to
sentences in some instances. • England74 and Ireland75
the pandemic.69
both expanded the criteria
However, while some jurisdictions Post-sentence for their temporary release
reported an increased uptake in disposition measures programs, allowing more
non-custodial sentencing measures, At the post-sentencing stage, all prisoners to access early
COVID‑19 also had negative jurisdictions73 offered at least one release from prison.
implications for the availability such measure in their laws which allowed
• In Italy, through its Curia-
options. Non-custodial sentences for the early release of prisoners.
Italia Decree Law No 27 of
were reduced due to the COVID‑19 Common examples of early
24 April 2020, the government
66
https://www.berlin.de/sen/justva/presse/pressemitteilungen/2020/pressemitteilung.908021.php. See further Germany Report, Part 5.
67
https://www.channelstv.com/2020/05/15/cjn-orders-speedy-trial-of-cases-decongestion-of-custodial-centres/ See further Nigeria Report, Part 4.
68
See further Jordan Report, Part 4
69
La Tribuna, 60 juvenile offenders will be released from hospital to avoid Covid infections, 16 April 2020, https://www.latribuna.hn/2020/04/16/sacaran-de-
internamiento-a-60-menores-infractores-para-evitar-contagios-de-covid-19/ See further Honduras Report, Part 4.
70
Visitation Suspension Details & Community Supervision Restrictions for Office Visits, New York State Department of Corrections and Community
Supervision, https://doccs.ny.gov/visitation-suspension-details-community-supervision-restrictions-office-visits. See further New York Report, Part 4.
71
https://oip.org/wp-content/uploads/2020/05/minju-circulaire-200520_application-reforme-justice.pdf. See further France Report, Part 4.
72
COVID-19 Response Efforts, California Department of Corrections and Rehabilitation, https://www.cdcr.ca.gov/covid19/covid-19-response-efforts/. See
further California Report, Part 4.
73
See generally Part 2 and Part 5 of the Jurisdictional Reports.
74
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/881060/covid19-use-compassionate-rotl.pdf. See
further England and Wales Report, Part 5.
75
http://justice.ie/en/JELR/Pages/Information_regarding_the_Justice_Sector_COVID-19_plans; http://www.justice.ie/en/JELR/Pages/SP20000075. See further
Ireland Report, Part 5.
13A GLOBAL ANALYSIS OF PRISONER RELEASES IN RESPONSE TO COVID-19
extended the scope of its four months to six months78 and Sentencing Law, which allowed
18 Months Home Detention it expanded its use of electronic prisoners to return to the
measure by amending the control measures to make it more community and participate in
exclusions and simplifying the accessible for prisoners to be rehabilitation programs82
approval procedure, therefore granted parole who would not
• In Honduras, an additional 173
reducing the workload of otherwise have been eligible.79
people were released on parole
the administration staff and In Minnesota (US), electronic
in response to the pandemic83
shortening the decision time by monitoring was used to release
Colorado (US) also reported an
the Supervisory Judge.76 prisoners who had committed
increase of about 1,000 prisoners
minor offences or were serving a
• In Spain, Norway and Minnesota on parole between January and
sentence in a county workhouse,
(US), the governments increased May 202084
allowing them to return home
the availability of electronic
at night80 • In Rwanda, the Attorney General
monitoring for prisoners. The
issued a Ministerial Order
Spanish government increased • In Washington (US), the
granting parole to an extra
its use of electronic monitoring Department of Corrections
3,596 prisoners85 Similarly, the
on inmates who would usually granted furlough to an extra
South African President issued a
spend the night in penitentiary 66 people from Work Release
Proclamation to grant parole to
establishments and instead Facilities to release them back into
an extra 19,000 prisoners86
allowed them to stay at home.77 the community81
Through its COVID‑19 program, • In Bangladesh, the Home
• In Bahrain, the government
the Norwegian government Ministry issued a pardon to 2,889
increased its use of early release
increased the period electronic prisoners as per powers set out
measures under its Alternative
monitoring could be used on from the Code of Criminal Procedure87
76
Section 123 of Law Decree No. 18 of 17 March 2020, as converted into law by Law No. 27 of 24 April 2020. See further Italy Report, Part 5.
77
https://www.elmundo.es/espana/2020/06/18/5eeb4fb8fc6c831f1d8b45f9.html. See further Spain Report, Part 5.
78
https://www.kriminalomsorgen.no/measures-in-prison.527287.no.html. See further Norway report, Part 4.
79
LOV-2001-05-18-21, The Norwegian Execution of Sentences Act section 43 (2) and FOR-2020-03-27-461, Temporary Regulation of Execution of
Sentences to Mitigate Effects of Covid-19 section 3. See further Norway Report, Part 4
80
https://www.ramseycounty.us/content/justice-collaborative-works-protect-public-safety-and-health-during-covid-19-pandemic See further Minnesota
Report, Part 4
81
https://www.doc.wa.gov/news/2020/docs/daily-situation-report.pdf See further Washington Report, Part 4.
82
‘The Minister of Justice, Islamic Affairs and Endowments Shaikh Khalid bin Ali Al Khalifa lauded the royal decree pardoning some convicts for
humanitarian reasons’ (Ministry of Justice, Islamic Affairs and Endowments, 13 March 2020) https://www.moj.gov.bh/en/sample-news-2. See further
Bahrain Report, Part 4.
83
La Tribuna, 60 juvenile offenders will be released from hospital to avoid Covid infections, 16 April 2020, https://www.latribuna.hn/2020/04/16/sacaran-de-
internamiento-a-60-menores-infractores-para-evitar-contagios-de-covid-19/ See further Honduras Report, Part 4.
84
https://drive.google.com/file/d/1byPip77Gpz4do6Awyd_upD8Fzr8CpSr4/view (Colorado Dept. of Corrections, Monthly Population and Capacity Report as
of May 31, 2020). See further Colorado Report, Part 4.
85
Art. 1 of the Ministerial Order No 08/MOJ/AG/20 of 19/05/2020 Granting Release on Parole, Official Gazette no 14 of 19/05/2020. See further Rwanda
Report, Part 3 and 5.
86
https://www.gov.za/speeches/presidency-placement-parole-selected-categories-sentenced-offenders-during-coronavirus See further South Africa
Report, Part 3.
87
Bangladesh set to release another 385 inmates early to combat COVID19 risks” Bangladesh News 24, 3 May 2020, https://bdnews24.com/
bangladesh/2020/05/03/bangladesh-set-to-release-another-385-inmates-early-to-combat-virus-risks. See further Bangladesh Report, Part 5
14DLAPIPER.COM
• In Uganda,88 Ethiopia,89 early release measure and/or The study did not consider
Botswana, Ghana and Nigeria
90 91 92
non-custodial sentencing option whether the use of legislation or
the Presidents used their available in existing laws, more than regulations/decrees to facilitate
constitutional powers to issue half of jurisdictions determined it prisoner releases was a better
pardons and grant releases to was necessary to implement new approach. Nevertheless, it can
convicted prisoners. mechanisms to more effectively and be argued that prisoner release
robustly respond to the COVID‑19 measures introduced through
A very small number of early release
pandemic. Most governments did legislation are indicative of
programs were in fact curtailed on
so quickly, responding swiftly to the countries where there was
the basis of COVID‑19 risks created
COVID‑19 crisis and the UN’s call strong, widespread parliamentary
by prisoners. One such example
to decongest prisons. For example, support for decongesting prisons.
was in Florida (US), where the
by March 23, 2020, France had This is despite the fact that
Commission on Offender Review
introduced new legislation to enable enacting legislation is a more
(tasked with reviewing mechanisms
further prisoner releases. By 94
time-consuming process because
for prisoner releases including
March 31, 2020, Indonesia declared parliament must be sitting to
conditional medical release, “control
a public health emergency which debate and approve the law
releases” and others) refused to
quickly precipitated new regulations (parliaments were often shut down
release prisoners in response to
allowing adult and juvenile prisoner during COVID‑19) and there must
COVID‑19 and restricted release
releasesby April 1.95 also be a parliamentary support.
programs by shutting down and
Examples of jurisdictions where
furloughing such programs, to
Of the jurisdictions that new COVID‑19 prisoner release
limit the risk that prisoners would
implemented new release measures, legislation was approved by
transmit COVID‑19 to the public.93
28% did so by way of new legislation parliaments included NSW
enacted by parliaments and 72% (Australia),96 Belgium,97 Poland,98
NEW PRISONER
did so by way of new executive Portugal99 and Mozambique.100
RELEASE MEASURES
regulations or decrees issued Interestingly, new legislation
Despite all jurisdictions having
by governments. was proposed in Florida
some form of post-sentence,
(US),101 Lebanon102 and
88
https://www.monitor.co.ug/News/National/Museveni-pardons-833-prisoners-Attorney-General-Cocid19/688334-5536982-ed9kg9/index.html See further
Uganda Report, Part 5.
89
See FDRE Constitution Art 71 (7) with Proclamation No. 840/2014 Art 5 (1). See further Ethiopia Report, Part 5.
90
https://www.facebook.com/BotswanaGovernment/posts/press-release-presidential-pardonmembers-of-the-public-are-informed-that-his-
exc/2909960685753237/. See further Botswana Report, Part 5.
91
https://www.myjoyonline.com/news/national/president-nana-akufo-addo-has-freed-808-prisoners-on-the-recommendation-of-the-prisons-service-
council/ See further Ghana Report, Part 5.
92
https://www.aljazeera.com/news/2020/04/coronavirus-buhari-asks-nigeria-chief-judge-free-prisoners-200422053224030.html See further Nigeria
Report, Part 5.
93
www.dc.state.fl.us/comm/covid-19.html#deaths [http://archive.is/F0Wnb]. See further Florida Report, Part 3.
94
LOI n 2020-290 du 23 mars 2020 d’urgence pour faire face à l’épidémie de COVID-19, https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT0
00041746313&categorieLien=id. See further France Report, Part 5.
95
Presidential Decree No. 12 of 2020 in response to the COVID19 pandemic. See further Indonesia Report, Part 5.
96
COVID-19 Legislation Amendment (Emergency Measures) Act 2020 No 1 (NSW) Schedule 2 and Crimes (Administration of Sentences) Act 1999 No 93.
See further NSW, Australia Report, Part 5.
97
Royal Decree No. 3, as published in the Belgian State Gazette on 9 April 2020. See further Belgium Report, Part 5.
98
http://dziennikustaw.gov.pl/D2020000056801.pdf See further Poland Report, Part 5.
99
Law No. 9/2020 of 10th April, available at https://dre.pt/pesquisa/-/search/131338919/details/maximized. See further Portugal Report, Part 3 and 5.
100
See further Mozambique Report, Part 3 and 5.
101
https://wusfnews.wusf.usf.edu/post/slew-criminal-justice-bills-are-teed-2020-session-heres-look-few-them [http://archive.is/SUyri]. See further Florida
Report, Part 5.
102
https://www.amnesty.org/en/latest/news/2020/04/lebanon-government-must-urgently-release-more-prisoners-to-prevent-spread-of-covid19/
See further Lebanon Report, Part 5.
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