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GLOBAL PRISON TRENDS 2020 Special Focus Pull-out section Alternatives to imprisonment
Global Prison Trends 2020 Penal Reform International
Headquarters
This document is co-published and produced with financial 1 Ardleigh Road
assistance from the Thailand Institute of Justice. It is the London N1 4HS
sixth edition of Penal Reform International’s Global Prison
Trends series. Telephone: +44 (0) 207 923 0946
Email: publications@penalreform.org
Penal Reform International would like to thank Dr Catherine Twitter: @PenalReformInt
Appleton (University of Nottingham), Claire Cain (Women Facebook: @penalreforminternational
in Prison UK), Helen Close (Omega Research Foundation), www.penalreform.org
Benny Goedbloed, Batuhan Görgülü (Civil Society in
Penal System Association-Turkey), Billy Gorter (This Life Thailand Institute of Justice
Cambodia), Dr Katerina Hadjimatheou (University of Essex), GPF Building 15th–16th Floor
Marie-Claude Jean-Baptiste (Cyrus R. Vance Center for Witthayu Road, Pathum Wan
International Justice), Matthew McEvoy (Omega Research Bangkok 10330
Foundation), Fergus McNeill (University of Glasgow), Thailand
Fíona Ní Chinnéide (Irish Prison Reform Trust), Marie Nougier Telephone: +66 2118 9400
(International Drug Policy Consortium), Teppei Ono Email: info@tijthailand.org
(Japanese Center for Prisoners’ Rights), Claudio Paterniti Twitter: @TIJthailand
Martello (Associazione Antigone-Italy), Selene Pineda Facebook: @tijthailand.org
(UNODC-ILANUD), Aurélie Plaçais (World Coalition Against www.tijthailand.org
the Death Penalty), Luciana Pol (Centro de Estudios Legales
Second version published in May 2020.
y Sociales-Argentina), Maiko Tagusari (Japanese Center
First version published in April 2020.
for Prisoners’ Rights), Sonja Tošković (Belgrade Centre
This is the second version published on 12 May 2020 with
for Human Rights), and Prof. Dirk Van Zyl Smit (University
corrections made to statistics pertaining to drug-related
of Nottingham and Chair of PRI) for their contribution to
offences and country-specific penitentiary budgets that
the report.
came to the author’s attention after publication.
Its contents are the sole responsibility of Penal
ISBN: 978-1-909521-68-1
Reform International.
© Penal Reform International 2020
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Penal Reform International, the Thailand Institute of Justice
and to this publication. Please note the version cited if
quoting this publication (this is version 2).
Enquiries should be addressed to
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Cover photo: Women’s prison in Libya.
Graphic design by Alex Valy. Printed on 100% recycled paper.
CONTENTS
CONTENTS
Introduction 3
Key messages 4
Global Prison Trends key facts and figures 6
1. Crime, justice and imprisonment 9
Crime and imprisonment 9
Cycles of imprisonment 10
Drug policies 11
Responses to violent extremism
and prevention of radicalisation 12
2. Trends in the use of imprisonment 15
Funding of penitentiary systems 15
Pre-trial detention 17
Death penalty 18
Life imprisonment 20
3. Prison populations 21
Women 21
Children 22
Older persons 25
Persons with disabilities 27
Lesbian, gay, bisexual, transgender and queer people 27
Foreign nationals, minorities and indigenous peoples 28
People in prison without proof of legal identity 29
4. Prison management 31
Health in prison 31
Coronavirus pandemic and prisons 31
Security and violence 34
Deaths in custody 35
Equipment in prisons and use of force 37
Self-government 38
Prison staff 39
Rehabilitation of people in prison,
and environmental sustainability 40
Fragile and conflict-affected states 43
Natural disasters and extreme weather 44
5. Role and use of technologies 45
Index 48
Endnotes 50
Centrefold:
Special Focus 2020
Pull-out section
Alternatives
to imprisonment
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 |1
INTRODUCTION
The overwhelming majority of
people in prison continue to come
from disadvantaged backgrounds
and are likely to have a history of
abuse and neglect, often experienced
as children.
Adults and children in a detention centre in the Philippines.
2| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020
INTRODUCTION
INTRODUCTION
This sixth edition of Global Prison schemes, all aim to limit the number At the end of this decade, states’
Trends is jointly published by of people coming into contact commitment to improve the
Penal Reform International (PRI) with the criminal justice system criminal justice system will be
and the Thailand Institute of to begin with. measured against the 2030 Agenda
Justice (TIJ) at a crucial time, with for Sustainable Development’s
The Special Focus is even more
prisons and justice systems facing commitment: ‘No one will be left
relevant as we mark the 10th
unprecedented challenges, alongside behind.’ Given the trends highlighted
anniversary of the Bangkok Rules in
their communities, brought by the in this year’s report, it is crucial
December this year. We must reflect
COVID-19 global pandemic. for member states to give special
on measures taken to address the
attention to populations, including
As detailed in Global Prison Trends, growing number of women entering
women, children and others who are
despite widely documented criminal justice systems. The
marginalised in justice systems, and
challenges in creating fair and Bangkok Rules themselves recognise
often in the wider community.
effective criminal justice systems, that prison is usually an ineffective,
there have been some positive and often damaging, solution to We continue to publish Global Prison
steps taken towards the practical offending by women, hindering their Trends as a tool for policy-makers,
implementation of international social reintegration and ability to practitioners, a reference for
human rights standards related live productive and law-abiding lives academics, and an inspiration for
to criminal justice, such as the following release. penal reform activists and human
UN Standard Minimum Rules for the rights defenders. Limited publicly
As we look forward, we must more
Treatment of Prisoners (the Nelson available data remains a challenge
generally interrogate ourselves on
Mandela Rules) and the United for us—and for all stakeholders who
the continued growth of the overall
Nations Rules for the Treatment of rely on evidence-based policies—
prison population, documented
Women Prisoners and Non-custodial however thanks to PRI’s research
again in this year’s Global Prison
Measures for Women Offenders and operations in many parts of the
Trends. The few countries that have
(the Bangkok Rules). As many globe and TIJ’s expertise we are able
low numbers of people in prison
prison and probation systems face to count on first-hand information
allow us to see that it is possible
common challenges, such efforts informing the trends we document
to prevent crime without using
should be looked to for inspiration in this year’s report.
custodial sentences as the primary
and replicated.
tool. These countries remain an
Many challenges are a result of exception, however, with too many
Florian Irminger Dr Kittipong Kittayarak
the increasing number of people states reporting incredibly high
Executive Director Executive Director
in prison and so 30 years on from rates of prison overcrowding.
Penal Reform Thailand Institute
the adoption of the UN Standard Overcrowding can be life-threatening International of Justice
Minimum Rules on Non-custodial with major health issues arising due
Measures (the Tokyo Rules) this year’s to the poor detention conditions
Special Focus focuses on alternatives in overburdened prison facilities
to imprisonment. We take a look at — today’s coronavirus pandemic
the implementation of alternatives is a grave reminder of these
to imprisonment used and some long-standing issues. Furthermore,
challenges facing governments. overcrowding prevents prisons
We also look at the barriers to their from fulfilling their proper function
expansion, a cause and consequence in the rehabilitation of offenders.
of prison remaining a response to Many governments have looked to
crime in many countries. It is clear reducing prison populations amid the
that non-custodial measures and COVID-19 pandemic. Such measures
sanctions should be part of wider should be part of a long-term reform
reforms to limit the reach of the strategy to address overcrowding
criminal justice system. Crime and the disproportionate numbers
prevention, decriminalisation of marginalised people in detention.
of certain offences and diversion
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 |3
KEY MESSAGES
KEY MESSAGES
These key messages do not cover all of the trends identified in Global Prison Trends 2020, but they represent
some of the most pertinent and pressing issues facing criminal justice systems that require urgent attention.
Over 11 million people are imprisoned globally, the highest number
01 Record levels of people
in prison yet. Around 102 countries reported prison occupancy levels of over
110 per cent. The magnitude of issues and associated human rights
violations stemming from over-imprisonment became clear in
efforts to prevent and contain outbreaks of COVID-19 in prisons.
Almost ten years since their adoption, the UN Bangkok Rules on
02 Women face gender-
based discrimination women prisoners and non-custodial alternatives for women remain
largely unimplemented. The global female prison population doubled
in prison and the wider in twenty years, yet justice systems and institutions remain largely
criminal justice system designed for a homogeneous male population.
While some countries have made strides towards child-specific
03 New data confirms
children are not justice legislation, child-friendly courts and specialised procedures,
new data estimates that at least 410,000 children remain detained
detained ‘as a measure in remand centres and prisons every year, with an estimated 1 million
of last resort’ children held every year in police custody.
A large majority of people caught in criminal justice systems are
04 Non-violent offences
attract too many arrested for, charged with or convicted of non-violent offences.
Some legal reforms, particularly in Africa, stemmed from efforts
prison to decriminalise petty offences.
sentences
People who have not been found guilty of a crime outnumber
05 Pre-trial detention
is too often the norm, convicted people in prison in at least 46 countries. Minorities,
foreign nationals, women and the poorest people of our societies
not the exception are all more likely to be detained on remand.
Prohibition-based drug policies have driven prison populations
06 Drug policies
contribute up. Over 2 million people are in prison for drug-related offences,
0.5 million of them serving a sentence for drug possession for
to growing prison personal use. A larger proportion of women than men are imprisoned
populations for drug offences.
Punitive systems contribute to rising prison populations by failing
07 Imprisonment
continues to be a to fulfil the rehabilitative purpose of imprisonment and by further
marginalising people from vulnerable groups. This, alongside a lack
discriminatory cycle of individualised rehabilitation and sentencing plans for people
that is hard to break in prison, results in high recidivism rates in many countries.
Almost half a million people are serving a formal life imprisonment
08 Massive use of life
sentences leads to sentence, with many more effectively serving life de facto. Reform
towards more proportionate sentences remains slow and several
human rights countries are looking to introduce life sentences, towing the ‘tough
violations on crime’ line. People serving life usually face harsh regimes.
While progress towards abolition of capital punishment continues
09 Abolition of the death
penalty continues but to be seen, most notably in Africa, long-time abolitionists are seeing
a resurgence of calls for the reinstatement of capital punishment.
with some setbacks More than 20,000 people are detained on death row worldwide living
in inhumane detention conditions and often following unfair trials.
4| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020
KEY MESSAGES
A comparative overview of government expenditures on prisons
10 Funding for
penitentiary systems across 54 countries shows that it usually amounts to less than
0.3 per cent of their gross domestic product (GDP). Staff and
generally remains low infrastructure appear to receive the greatest share of funds
allocated, with many countries spending alarmingly low amounts
on food and rehabilitation programmes.
A wide range of diversion and alternatives at the pre-trial and
11 Alternatives to
imprisonment offer post-conviction stages are available. Alongside crime prevention
initiatives and adequately funded rehabilitation programmes, they
a solution to global can help tackle key challenges. The political backing of alternatives
challenges, including to imprisonment as a response to the coronavirus pandemic need
COVID-19 to be harnessed for longer-term reform.
The key barriers to the expansion of alternatives include
12 There are a number
of structural barriers inexistent or inadequate legal frameworks, lack of resources and
infrastructure, and lack of trust in them from judicial authorities
to the expansion and the wider public. There are also certain groups that have unequal
and implementation access to community-based measures, such as foreign nationals.
of alternatives
to imprisonment
People belonging to marginalised groups, including foreign nationals,
13 Marginalised people
are over-represented minorities, indigenous peoples, people with disabilities and LGBTQ
people, are disproportionately arrested and imprisoned. They face
and neglected in prison greater risks of human rights violations at the hands of authorities.
In a large number of countries there is inadequate healthcare
14 Prison health is
deprioritised despite provision in prisons due to underresourcing and a lack of healthcare
staff. Various approaches were taken by authorities to prevent
the magnitude of COVID-19 disease outbreaks in places of detention to protect both
negative impacts staff and people detained, but some have occurred.
Low levels of job satisfaction among prison and probation staff,
15 Prison and probation
systems lack adequate coupled with low pay, are common issues faced in recruiting
and retaining sufficiently educated staff. Budget cuts, staffing
numbers of trained shortages, and increasing prison populations often lead to
staff deteriorating working conditions for staff that also affect the
detention conditions of people in prison.
High levels of prison overcrowding contribute to the increasing
16 Violence in detention
is on the rise number of violent incidents in prisons globally, as does institutional
impunity and a lack of transparency. In the past decade there has
been an increase in the use of ‘special intervention forces’—riot
squads or ‘emergency response teams’—being employed to respond
to major incidents like riots.
The mortality rate for people in prison is as much as 50 per cent
17 Deaths in custody
are common and higher than for people outside. The most common causes are
suicide and fatal violent clashes, with other reasons being torture
preventable or ill-treatment, and infectious diseases and ill-health. Investigations
into all deaths remain lacking and, where undertaken, fail to
achieve reform.
Technological innovation provides many opportunities in
18 New technologies
and AI bring benefits criminal justice systems, although a ‘digital gap’ excludes
some countries, particularly in Africa. Tools using Artificial
and new challenges Intelligence (AI) technologies have led to calls for greater regulation
and consideration of impacts before further expansion.
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 |5
KEY FACTS & FIGURES
GLOBAL PRISON TRENDS
Prison populations Sentencing trends
THE GLOBAL PRISON POPULATION IMPRISONMENT IS OVERUSED AND
IS INCREASING. SENTENCES ARE GETTING LONGER.
20%
0.5 84%
8
million
11+
million
million
PEOPLE
SERVING
LIFE
2002 2018 SENTENCES 2000 2014
700,000+
WOMEN
19,000
CHILDREN
LIVING IN PRISON
20,000+
DEATH ROW
50% WITH THEIR
MOTHERS
PEOPLE ON
SINCE 2000
+
50%
OFFENCES Estimated
410,000+
1
PEOPLE ARE
IN PRISON FOR:
CHILDREN IN million
DETENTION CHILDREN IN NON-VIOLENT
FACILITIES POLICE CUSTODY
PEOPLE IN
PRE-TRIAL
DETENTION 3+ million
7%
20% 20 %
(0.5 million)
OF THESE FOR
HOMICIDE DRUG-RELATED POSSESSION FOR
PERSONAL USE
MORE RESEARCH AND DATA NEEDED ON:
IMPRISONMENT IS A RECIDIVISM RATES
CYCLE HARD TO BREAK REMAIN HIGH
LGBTQ persons
Foreign nationals
Ethnic and religious minorities
Poor and socially excluded populations
People in police custody
MANY CRIMINAL JUSTICE SYSTEMS
CONTINUE TO BE DISCRIMINATORY. MASS IMPRISONMENT IS EXPENSIVE.
6| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020
KEY FACTS & FIGURES
KEY FACTS & FIGURES
Funding Detention conditions
FUNDING FOR MOST CRIMINAL DETENTION CONDITIONS ARE
JUSTICE SYSTEMS IS TOO LOW. SUBSTANDARD IN MANY COUNTRIES.
JUSTICE IS UNDERFUNDED THIS IMPACTS:
Courts
Probation
Prisons
PRISONS IN
124+
countries
Police EXCEED THEIR MAXIMUM
OCCUPANCY RATE
MAJORITY OF PENITENTIARY BUDGET IS SPENT ON:
THIS LEADS TO:
Violence
Higher rates of death in custody
Lack of healthcare
Infrastructure Staff Security Low rehabilitation opportunities
0.2%
SUICIDE
AVERAGE TOTAL RATE IN SUICIDE IN SUICIDE IN THE
EXPENDITURE ON PRISONS CUSTODY COMMUNITY
OF GDP PRISONS IN THE
EUROPEAN UNION
IS HIGH
25
per 100,000
11
per 100,000
PRISONERS PERSONS
FOOD BUDGET PER DAY USE OF Expanding involvement
PER PRISONER IN: of the private security sector
W
AS LO AS
FORCE
Cambodia IS A RISING Expanding use
of special interventions
Central TREND
African Republic Increasing use of heavy
Kazakhstan equipment lethal weapons
LOW FUNDING LEADS TO POOR DETENTION POOR DETENTION CONDITIONS LEAD TO
CONDITIONS AND A LACK OF HEALTHCARE. HUMAN RIGHTS VIOLATIONS.
ALTERNATIVES TO IMPRISONMENT PROVIDE A SOLUTION.
THEY DO NOT SEPARATE FAMILIES THEY HELP REDUCE OVERCROWDING
THEY HELP REDUCE COSTS OF CRIMINAL JUSTICE SYSTEMS THEY AVOID THE DAMAGE OF IMPRISONMENT
THEY BETTER ADDRESS INDIVIDUAL OFFENDING TRAJECTORIES THEY BETTER REDUCE RECIDIVISM
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 |7
CRIME, JUSTICE AND IMPRISONMENT
Photo caption to go here.
Studies strongly suggest
that there is no link
between the number of
people in prison and levels
of crime.
Prison in Italy.
8| Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020CRIME, JUSTICE AND IMPRISONMENT
Part one
CRIME, JUSTICE
AND IMPRISONMENT
Crime and
imprisonment
There are more than 11 million imprisoned, followed by Brazil use, resulting in just under half
people estimated to be in prison where, based on figures from a million in prison for that offence.5
on any given day globally. This figure June 2019, the prison population Conversely, data from 93 countries
excludes police or administrative approaches 760,000. suggest that roughly one out of
custody and also does not show the every 14 prisoners worldwide
Studies strongly suggest that there
actual number of people that move (7 per cent) had been convicted
is no link between the number of
in and out of prison in a given year, of homicide.6
people in prison and levels of crime.
which remains undetermined. Global
Some research has suggested Understanding and measuring
prison rates remain stable, although
that links can be made between levels of crime at the global level
there have been ‘substantial
reduced welfare systems and is complex and an ongoing area
changes’ in some countries
increased imprisonment rates, and of research. One crime where
and regions. The World Prison
correspondingly between levels comparisons are possible and
Population List of 2018 reports
of social inequality and increased undertaken is intentional homicide,
that prison population levels per
imprisonment rates. There has which is used as an indicator
head of population rose less than
also been a link made between on violent deaths and therefore
1 per cent over three years between
inclusionary or exclusionary can suggest levels of crime and
2016—2018.1
political frameworks and increased violence in a society. In 2019,
The United States has the highest imprisonment rates.4 Low acquittal the UN published a new Global
absolute number of people in prison rates, including due to a lack of Study on Homicide, analysing data
globally, with over 2.1 million people procedural rights, in some countries collected in 2017. While at the
in prison at a rate of 655 people per serve to consistently feed people global level there is an ongoing
100,000 of the national population, into prison systems. decline in intentional homicide,
yet rates of violent crime continue in the Americas there was a historic
Data suggests that a significant
to fall.2 The country has witnessed high recorded in 2017 (since data
proportion of people caught
a 700 per cent imprisonment collection began in 1990), with a
in criminal justice systems are
population increase since 1970, rate of 17.2 victims of intentional
arrested for, charged with or
with a peak in 2009, and a small homicide per 100,000 population.7
convicted of non-violent offences.
decline overall each year since
In 2017, the estimated number
then owing to reductions in some
of people arrested or suspected
states and recently at the federal
of drug possession globally
level.3 China has the second highest
was 1.9 million, with 860,000 of
prison population globally, with
those people being convicted
an estimated 1.7 million people
for drug possession for personal
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 |9CRIME, JUSTICE AND IMPRISONMENT
Cycles of
imprisonment
International standards are clear about 40 per cent of people released a higher risk of reoffending after
that the purpose of a prison from prison are reimprisoned in the prison than adults;10 and in Japan,
sentence, or a non-custodial two years following their release. older persons have comparably
sanction, should be primarily The reconviction rate after two higher reoffending rates than
rehabilitative. The International years post-release from prison is other adults.11
Covenant on Civil and Political higher than 60 per cent in such
Upon release, people who have
Rights, ratified by 172 UN member countries as Sweden, Denmark and
been in prison are often left with
states, is explicit in its statement New Zealand.9
few resources, no educational
that the ‘penitentiary system shall
There are many factors which or employment prospects and
comprise treatment of prisoners,
influence whether a person will sometimes nowhere to live; they
the essential aim of which shall
reoffend, but recidivism is invariably also face discrimination when
be their reformation and social
linked to difficulties people face applying for jobs or seeking housing.
rehabilitation.’ The UN Nelson
in re-establishing themselves as Their marginalisation from society
Mandela Rules and UN Bangkok
law-abiding citizens after their leads to a higher risk of antisocial
Rules set out how prison systems
release. This is often because they behaviour and the likelihood
can fulfil this commitment
were not provided with adequate of reoffending.
including by the provision of
rehabilitation and reintegration
a range of rehabilitation and In England and Wales in 2016,
opportunities in prison (sometimes
reintegration opportunities. two-thirds of homeless people
due to prison overcrowding) or
who had previously been imprisoned
In most parts of the world, however, appropriate post-release support.
reoffended within a year after
imprisonment continues to be a Families and communities also need
their release.12 In other countries,
cycle that is hard to break, not least to be better prepared so they can
figures show that reoffending rates
due to punitive systems that fail to assist in reintegration efforts.
increase over time, as institutional
provide a rehabilitative approach.
Certain groups have higher support wanes. For instance, in
In El Salvador, the country with the
reoffending rates than Israel, reimprisonment increased
second-highest prison population
others, which may be linked from 18 per cent within one year
rate per capita globally, about
to the lack of individualised to 41 per cent within five years.13
one in five individuals in prison
treatment programmes, such as In the US, 83 per cent of released
has been convicted of a criminal
age-appropriate support. The detainees are rearrested within nine
offence before.8 In Australia and
Central Statistics Office of Ireland years, compared to 44 per cent in
the Canadian province of Quebec,
reported that young people had the first year.14
European Court on Human Overcrowding levels are even higher in some facilities, with
Rights orders France to act on at least one prison in which the number of people held doubled
the beds available.19 Several of the people who were part of this
prison overcrowding and pay case had been detained for years in overcrowded cells, with an
out compensation allocated personal space below the recommended desirable
standard of 4 square metres set by the European Committee
In January 2020, the European Court of Human Rights (ECtHR)
on the Prevention of Torture.20
ruled that France violated people’s rights for holding them in
overcrowded prisons in conditions that constituted a violation The court also noted a lack of privacy and inadequate facilities
of the prohibition of inhumane and degrading treatment. The for hygiene—with toilets separated from the rest of the room by
Court ordered France to pay damages to 32 people from six only a curtain, mattresses on the floor right next to the toilets,
prisons in France and its overseas territories in Martinique, and pest infested buildings and cells. The situation was further
French Polynesia and Guadeloupe.15 The damages payable aggravated by a lack of activities and out-of-cell time, with
range from EUR €4,000 to 25,000 each, totalling more than some people in prison locked in their cells for more than twenty
€500,000.16 The case built on the Court’s rulings against Italy hours a day.
and Hungary, in which systemic overcrowding prompted the Notably the European Court ruled that the inhumane and
adoption of pilot judgements requiring the states to effectively degrading conditions stemmed from the overall overcrowding
address the underlying causes and impacts. situation in French prisons and made recommendations to
Prison overcrowding is described by the Contrôleure générale eliminate such levels—a decision that was widely covered in the
des lieux de privation de liberté—the French independent French media. In response, the Ministry of Justice reported the
prison monitoring mechanism—as ‘endemic’ 17 with an overall ongoing expansion of the prison estate and that an additional
prison capacity at 116 per cent, one of the highest in Europe.18 7,000 prison places are currently under construction.21
10 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020CRIME, JUSTICE AND IMPRISONMENT
The overuse of pre-trial detention Moves to reduce recidivism require Republic reported record-low
(see Pre-trial detention) and a shift in perspective on criminal reoffending rates among people
short-term prison sentences also justice and prisons, from punitive released from prison.22
contribute to high recidivism to rehabilitative approaches.
Some of these efforts are not
rates. Due to their temporary and While on the one hand, some
new, and there is proof of their
short-term nature, short prison countries have increased the
effectiveness in recidivism rates.
sentences leave little space for number of offences carrying the
For example, Norway underwent
rehabilitation and reintegration sentence of life imprisonment
a series of penal reforms in the
programmes, yet they can and there is a general lengthening
late 1990s, shifting the focus from
have long-lasting, detrimental of prison terms contributing to
punishment to rehabilitation, in
consequences for people affected high prison occupancy levels.
order to ‘plan [the detainees’]
and their families. For instance, On the other hand, some countries
release on the first day they
loss of employment, divorce, have made significant steps
arrive’.23 These reforms included
loss of custody or joint custody towards a rehabilitative approach
well-kept infrastructure and
of children, and loss of national to sentences. Many states are
improved living conditions;
benefits are common. providing more opportunities for
recreational, educational and
probation and parole, and they
The development of alternatives professional activities and support;
provide educational, vocational
to pre-trial detention and contact with the outside world,
and social programmes which
non-custodial sentences are one including work opportunities
take into account the plurality of
of the most effective ways of and more opportunities to spend
detained individuals’ profiles, such
reducing prison overcrowding and time with their families. They
as their ages, previous convictions,
reducing recidivism, but it is not contributed to bringing the overall
socio-economic status and
without potential setbacks and reimprisonment rate two years after
family backgrounds. Open prisons
continues to require resources to release to 20 per cent, one of the
have also proven to be one such
ensure programmes are effectively world’s lowest.24
measure that improve rehabilitation
monitored and evaluated. (See
prospects. For example, in 2019,
Special Focus: Alternatives
the first open prison in the Czech
to imprisonment)
Drug policies
Figures on the number of people Approximately 20 per cent of them, such policies tend to imprison
who use drugs worldwide show constituting 0.5 million people, drug users or the low-level dealers
that decades of policies to punish are serving sentences for drug (micro-traffickers, i.e. people who
consumption have failed. In 2017, possession for personal use. In move or deal drugs at a community
there were an estimated 271 some states, there is mandatory level rather than internationally).
million people, or 5.5 per cent of pre-trial detention for drug-related Furthermore, there is evidence
the global population aged 16-64, offences, regardless of their nature, that people belonging to certain
who had used drugs in the previous including in Bolivia, Brazil and groups are disproportionately
year—a 30 per cent rise from 2009. Ecuador.26 targeted, arrested and imprisoned
According to the UN World Drug under drug laws. For instance, racial
Ruth Dreifuss, the former President
Report 2019, the number of people discrimination and heavy policing
of Switzerland and member of the
who are thought to ‘suffer from drug of black neighbourhoods are
Global Commission on Drugs, has
use disorders’ is now estimated to factors given for the high number
written that: ‘Prison is the most
be 35.5 million—15 per cent higher of black people in US prisons for
glaring expression of the failures
than the previous estimate of drug-related offences. A research
of prohibition-based drug policies
30.5 million.25 project in Texas found that the high
… Above all, incarceration is the
proportion of arrests of black people
Prison remains a common response epitome of the human cost of these
for possession of small quantities
to drug use in many countries failed policies.’27
of drugs was linked to the fact that
around the world, with crisis
Where prison has remained the traffic stops and searches targeted
levels of overcrowding becoming
norm for drug-related offences, black drivers more frequently.28
the norm. Approximately one in
there is an ever-increasing body
five people in prison worldwide, Women continue to be
of research demonstrating that,
totalling over 2 million people, are disproportionately impacted by drug
rather than imprisoning high-level
in prison for drug-related offences. policies, demonstrated by the fact
figures in drug trafficking rings,
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 11CRIME, JUSTICE AND IMPRISONMENT
that a larger proportion of women convicted of low-level drug-related In the Philippines, 2019 represented
(35 per cent) than men (19 per cent) offences in England and Wales, the third year of President Duterte’s
are in prison for drug-related Germany and New Zealand. ‘war on drugs’, which has resulted
offences globally.29 A number of in thousands of deaths. Although
Drug offences remain punishable
countries are driving these numbers the exact number is unknown,
by death in at least 35 countries and
up, including Ecuador, for instance, according to the Philippine National
territories worldwide. In January
where women convicted of Police (PNP), there were 6,600 ‘drug
2020, civil society groups called for
drug‑related offences accounted personalities’ killed between July
international action in the cases of
for 52.9 per cent of the female 2016 and the end of May 2019.32
two Bahraini men convicted of drug
imprisoned population in 201830 and In 2019, the UN mandated an
trafficking and smuggling when their
in Thailand, where the rate went investigation into the human rights
death sentences were upheld by the
as high as 84 per cent. On the other situation, joining the International
country’s highest court. Elsewhere,
hand, PRI’s research has shown that Criminal Court’s efforts to enhance
in Singapore, data shows that
non-custodial sanctions are the accountability by documenting
84 per cent of the total executions
most common sentences for women and investigating violations of
between 2014—mid-2019 were for
human rights.
drug cases.31
Responses to violent
extremism and prevention
of radicalisation
Responses to violent extremism individuals who are in fact not guilty limited training in in human rights
and the prevention of radicalisation of any ‘violent extremism’ or of acts and radicalisation appraisal, among
that leads to violence, including of terrorism.34 other features of the regime.35
in prisons, remains a key priority
Vague and far-reaching definitions There have been several recent
for many governments and a
can also trigger criminal justice high-profile incidents in a few
major issue of discussion at the
processes unnecessarily. They can countries that sparked public
international level.
lead to individuals sentenced for debate about rehabilitation
Defining what constitutes ‘violent ‘extremism’-related offences being initiatives for people convicted
extremism’ or ‘radicalisation’ allocated to detention facilities with of terrorist-related offences.
continues to raise human rights people convicted and sentenced In England, a participant in a
concerns. In March 2020, the for terrorism and other violent prison-university partnership
UN Special Rapporteur on the offences. Such situations lead to programme fatally attacked two
promotion and protection of human legitimate risks of radicalisation people at a rehabilitation event in
rights while countering terrorism that may lead to violence, in turn late 2019. In May 2019, 20 prisoners
expressed ‘grave concerns about weakening counterterrorism efforts. and 3 prison officers were killed
the use of the terminology of in Tajikistan during a prison riot
People convicted of terrorism-
“extremism” and its expanding ambit’ instigated by a group of so-called
related offences or perceived
and underlined that ‘the category ‘Islamic State of Iraq and the
to be at risk of radicalisation
of “extremist” crimes is particularly Levant’ (ISIL) members, according
are commonly segregated from
vague and problematic’ with abuse to authorities. Two months earlier
the general prison population.
of ‘extremism’ law and practice in France, a prisoner and his wife
In Belgium, individual security
potentially leading to sustained stabbed two prison officers in
regimes or measures, including the
human rights violations.33 an attack that was labelled as
so-called ‘D-Rad:Ex wings’ used
‘terrorism’ by the authorities.36
Such issues were raised in 2016 by for people including those ‘flagged’
the UN Human Rights Committee as showing signs of radicalisation, One key issue that has received
who called on Kazakhstan to revise were criticised by the UN Special further attention is the situation
broad formulation of concepts Rapporteur on the promotion of the estimated 4,640 children
of ‘extremism’, ‘inciting social or and protection of human rights who travelled to Iraq or Syria, either
class hatred’ and ‘religious hatred and fundamental freedoms while alone or with their families, to join
or enmity’ contained in the country’s countering terrorism in March so-called ISIL. Around 1,460 children
legislation. The Committee was 2019. Concerns included the role who were either born in Iraq or
concerned that without a narrowing of prison officers’ evaluation in the Syria to parents who left their home
of such concepts they can be radicalisation assessment process, countries to join ISIL, or travelled
used to limit freedoms or target especially since they often have with them to Iraq or Syria have since
12 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020CRIME, JUSTICE AND IMPRISONMENT
returned to their parents’ countries Kingdom have sought to strip those The Council of Europe (CoE)
of origin (or their countries of involved in terrorist groups of Parliamentary Assembly adopted
origin).37 There has been a mixed their nationality. a resolution in January 2020
response by governments to this calling on States to ensure the
Where countries do meet their
group of children, despite the basic immediate repatriation of children
obligations to repatriate children,
requirement of international human who are citizens of their member
the treatment upon their return
rights law that they are responsible states.39 PRI, together with the
similarly varies. Kazakhstan
for their citizens, including to Child Justice Advocacy Group,
is working to support women
repatriate them. published a position paper, ‘Bringing
and children returning with the
Children Home: A children’s rights
Kazakhstan has worked to repatriate Ministry of Education cooperating
approach to returning from ISIL’,40
significant numbers; as of the end with two non-governmental
which details key issues and
of 2019, 406 children had returned organisations (NGOs) to open
recommendations to protect the
from Iraq and Syria to the country. 17 regional rehabilitation and
human rights of children who
A dramatically different policy reintegration centres across
remain in refugee camps in Iraq and
has been adopted in other states, the country. Denmark’s model
Syria. As of May 2019, 90 per cent
with litigation pending in several involves multi-sectoral cooperation
of the 73,000 people living in the
European countries over the and specialised psychological
al-Hol camp in Syria were women
repatriation of ‘foreign fighters’ counselling, albeit alongside
and children.
and their children, including a policy of prosecution for any
the Netherlands and Germany.38 returnees suspected of having
Switzerland and the United committed crimes.
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 13TRENDS IN THE USE OF IMPRISONMENT
Prison cell in Honduras.
The data available shows
penitentiary systems
generally receive low levels of
funding; it also suggests that
amounts spent on food can be
alarmingly low.
14 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020TRENDS IN THE USE OF IMPRISONMENT
Part two
TRENDS IN THE USE
OF IMPRISONMENT
Funding of
penitentiary systems
Prison systems need to be necessary infrastructure and between countries and the common
adequately resourced if they are equipment to recruitment, training lack of transparency make it difficult
to run smoothly. In order to reduce and salaries for staff. to know what prison budgets cover,
recidivism and keep society safe, data suggests that amounts spent
It is difficult to quantify the
authorities need to meet costs for on food can be alarmingly low. In
amount of money spent on criminal
providing a conducive environment Kazakhstan, out of the total budget
justice systems, and specifically
for rehabilitation and meet the for 2019 of EUR €7.76 (KZT 3,314)
penitentiary systems, at the global
wide-ranging needs of people allocated per person in prison per
level. One reason for this is the lack
detained. However, many prison day, EUR €1.41 (KZT 603) is for food—
of transparency. Information is not
systems have so few resources although this amount has been
always readily available or complete,
that they struggle to meet basic almost doubled in recent years. In
and sometimes this is justified on
needs such as food, healthcare, Cambodia, the amount allocated
the grounds that it is a national
clothing and even shelter in a safe, for food per prisoner per day was
security matter.
hygienic environment, let alone reported to be less than EUR €1
a rehabilitative-focused regime. Where data is available, it shows (KHR 3500) and about the same
that, with a few exceptions, amount is planned in the Central
In many countries, authorities
penitentiary systems generally African Republic for 2020.
rely on families, NGOs or religious
receive low levels of funding,
organisations to provide food, Unsurprisingly staff and
demonstrating that prisons
healthcare services and other infrastructure appear to be
remain a low political priority.
essentials for people in prison. In the main costs for prisons. In
A comparative overview of
Niger, no food is provided to people France, around 41 per cent of the
government expenditures on
in pre-trial detention (representing penitentiary administration’s 2017
prisons across 54 countries shows
more than half of the prison budget was dedicated to staff,
that it usually amounts to less than
population) so they are entirely administrative and operational
0.3 per cent of their gross domestic
dependent on their family members costs. In Italy, the proportion is
product (GDP).43 For instance,
to deliver food and water.41 In Yemen, higher, with 76 per cent of the
in 2017 the European Union (EU)
PRI provided medicines to treat the penitentiary administration’s 2019
28 member states’ spending on
cholera outbreak in a prison in 2017. budget being allocated to personnel
prisons averaged 0.2 per cent of
The International Committee of the costs.46 In South Africa, employee
national GDP. Spending on police
Red Cross (ICRC) often supports compensation and payment for
services averaged 0.9 per cent
and sometimes supplements public buildings and other fixed structures
of national GDPs.44
authorities in providing basic food amounted to 74 per cent of the
and healthcare in prisons all over The general amount allocated Department of Correctional
the world, including for instance per prisoner varies greatly across Services’ 2018-19 budget.47
in Nigeria where it provided food countries (see overleaf). In North
Numerous countries have seen
supplies to 6,000 people in prison Macedonia, about EUR €17 a day—
their prison budget as a proportion
in 2018.42 the lowest amount in Europe—was
of GDP decrease over the last few
spent on each prisoner in 2017,
There are also significant financial years. Figures show that India’s
while at the other end of the
costs associated with safety budget for prisons in absolute terms
spectrum, Sweden spent €380 a day
and security, from maintaining rose between 2014-18; however,
per prisoner.45 While differences
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 15TRENDS IN THE USE OF IMPRISONMENT
when the figures are taken as a those in prison and their families, diminishing funds allocated to the
proportion of the country’s GDP, as well as for staff. Budget criminal justice system in recent
there is a decrease in the proportion cuts have resulted in increased years. The Moroccan penitentiary
allocated, despite an increase in violence, including assaults against administration warned that the
the number of people in prison.48 staff, a decrease or complete number of new staff posts to be
Similar trends are observed in cut in available rehabilitation created in 2020 was ‘not sufficient
Burkina Faso, South Africa and programmes, less opportunities to cover the imperious human
the Slovak Republic.49 for contact with the outside world resources needs’.50
and reductions in healthcare
When penitentiary systems have Increasing levels of self-harm,
and other basic services. In
their funding reduced, there is a violence and suicide in prisons can
England and Wales, civil society
wide range of consequences for be consequences of budgetary
organisations have denounced the
BUDGET ALLOCATED PER PRISONER PER DAY (IN EUROS)
These figures are illustrative based on publicly available information.* Given the discrepancies on the details of data available, the
figures in this visual are not intended to be used for a strict comparison. Rather they intend to illustrate the wide variance in funding
of penitentiary systems. Figures were either calculated by PRI based on data gathered from national and international authorities;
or taken directly from already aggregated data, where available.
CANADA MOROCCO ITALY CZECH REPUBLIC UKRAINE TURKEY ARMENIA KAZAKHSTAN MONGOLIA
2018-19† 2020 2019 2017 2017 2019 2017 2019 2017
327.13 7.53 131.39 46.06 7.54 11.92 11.11 7.78 24.63
JAPAN
2017
13.80
JAMAICA MYANMAR
2019-20 2017
36.00 1.04
PARAGUAY CÔTE D’IVOIRE PAKISTAN SINGAPORE THAILAND
2019 2019 2019-20 2019 2017
7.73 0.71 0.01 103.01 2.13
URUGUAY
2019
33.18
ARGENTINA SOUTH AFRICA ZIMBABWE UGANDA TANZANIA NEW ZEALAND
2019 2018-19 2019 2019-20 2019-20 2019
11.67 25.83 1.07 3.08 5.90 350.96
*S ources include national financial authorities (budget and finance ministries); national prison services; international financial authorities (government
expenditures on prisons – as gathered by Eurostat and the International Monetary Fund (IMF)); Council of Europe SPACE statistics; and civil society reports.
† Canada: figure applicable to people imprisoned at the federal level.
16 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020TRENDS IN THE USE OF IMPRISONMENT
pressure.51 In Kenya, a series changes, and broader societal increased prison populations is
of prison visits by the National costs, would push this estimate earmarked for building or expanding
Commission on Human Rights found higher still. prison estates. For example,
that issues such as overcrowding, in Morocco, MAD 160.7 million
One measure to save or limit public
poor sanitary conditions and lack (EUR €15.2 million) will be allocated
spending on prisons has been to
of nutritionally adequate food in 2020 to investments in the prison
involve the private sector in Public
were ‘mainly linked to the limited estate although only a tenth of that
Private Partnerships (PPPs) to
budgetary allocations to the Kenya (MAD 10.3 million) will be put towards
deliver some or all operations of
Prisons Service’.52 reintegration efforts.57 A new plan
facilities. Proponents maintain that
to build 10,000 new prison places
Beyond the direct costs of privatising prisons reduces the
in England and Wales received
imprisonment, such as those burden of imprisonment on public
GBP £2.5 billion (EUR €2.9 billion)
associated with infrastructure expenditures, however several
in funding from the Government.58
or operations, there are indirect studies in recent years have shown
As a comparison, the total amount
costs including those incurred that the value of private prisons was
spent in 2018 on probation services
by families of people in prison. far from evident.55 They pointed to
was about GBP £824 million
Such indirect costs ‘are difficult further issues such as the risk of
(EUR €917.5 million).59
to measure but … are immense lower prison management standards
and long-term.’53 Recently, the and cost-cutting measures made at Most data available suggests
think-tank Prison Policy Initiative the expense of the welfare of people that the costs of non-custodial
took up the challenge to quantify in prison, which can affect the measures or sanctions are lower
the real total cost of imprisonment prison system as a whole as public than holding someone in detention.
in the US concluding that while facilities try to align themselves; For instance, the US Bureau of
public corrections agencies the risk of having operational Prisons estimated that in 2017, it
reported a total budget of US$80.7 limitations (e.g. contractual cost US$99 (EUR €91.38) a day per
billion (EUR €74.5 billion) for the agreements against overcrowding person in prison facilities, against
year 2017, the real total cost of in private prisons) fall back on $89 (EUR €89.15) in residential
imprisonment in the country public prison authorities with re-entry centres. In France the
amounted to US$182 billion (EUR further direct costs; or the general average daily cost of imprisonment
€168 billion) a year.54 This figure risk of making imprisonment a per person is about EUR €105 a
took into account private facilities, for-profit investment. In December day, compared with a daily cost of
policing costs, bail fees and the cost 2019, Malaysian rights groups around €33 per day for someone
for families such as telephone calls and lawmakers reasserted these serving probation.60 Despite this,
or the price of prison visits, among concerns, after their government many countries continue to fund
others. The long-lasting impacts of announced that it was considering building and running of prisons
imprisonment on peoples’ lives, turning to private prisons to reduce over developing probation systems.
including with regard to health, overcrowding.56 (See Special Focus: Alternatives
personal finances, employment to imprisonment)
In other countries, increased
funding for penitentiary systems
to respond to overcrowding or
Pre-trial detention
Rates of pre-trial detention down in the UN Standard Minimum pre-trial detention as of November
continue to increase around Rules for Non-custodial Measures 2018. This phenomenon does not
the world with people who have (Tokyo Rules). only impact low-income countries.
not been found guilty of a crime In Canada, there were 50 per cent
Niger is reported to have 60 per
outnumbering convicted people more adults in pre-trial detention
cent of the prison population
in prison in at least 46 countries, than in sentenced custody from
awaiting trial, with similar figures
with many of these facing seriously 2017-18.62
in Liberia where at least 64.2 per
high levels of prison overcrowding.61
cent of detainees were still awaiting One reason for the high rates of
This is despite a global commitment
trial in April 2019. The proportion pre-trial detention is the fact that
to using pre-trial detention as
of people on remand is even higher automatic pre-trial detention
a measure of last resort, as set
in Cambodia with 72 per cent of for certain crimes continues
people in prison being held in unchallenged. In February 2019,
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020 | 17TRENDS IN THE USE OF IMPRISONMENT
Mexico expanded the list of crimes conditions, or to be able to afford been moves by several states
which are automatically subject good legal representation.66 In to limit or eliminate cash bail
to pre-trial detention for up to two Madagascar, for instance, where following California’s 2018 reform.
years without bail,63 a measure pre-trial detainees make up 56 per Most recently, New York State
likely to further impact people cent of the prison population,67 abolished cash bail payments
who are poor and indigenous Amnesty International found that for many misdemeanours and
communities. Even prior to this the majority of those surveyed were non-violent felonies, to be replaced
legislative change, 97 per cent from poor, rural areas, lacked formal with less restrictive measures
of people in prison belonging to education and were underinformed such as supervised release, travel
indigenous communities were being of their rights.68 restriction or electronic monitoring.
detained pre-trial.64 The Vera Institute of Justice has
Racial minorities are
estimated that, if this new law is
High numbers of people are held overrepresented in the pre-trial
implemented correctly, it could
on remand on drug-related charges prison population in certain
lead to a 40 per cent reduction in
in a number of jurisdictions where countries. In the US, there are
New York State’s pre-trial detention
prohibitionist drug policies have clear racial disparities in decisions
population.72 In Illinois, after a 2017
brought automatic pre-trial about who is detained before trial.
law limited the use of cash bail for
detention, even for possession The Prison Policy Initiative has
non-violent and low-level offences,
and other low-level drug offences. reported that young black men are
the State’s Governor announced in
(See Drug policies). Women are about 50 per cent more likely to
January 2020 a move to end the
disproportionately affected by such be detained on remand than white
practice altogether.73
policies because they are more defendants. Additionally, non-white
likely than men to be arrested for defendants receive bail amounts Pre-trial detention has a
drug-related crimes. that are twice as high as bail set devastating effect on those
for white defendants and are also subjected to it, their families and
Statistics from the past few
less likely to be able to afford it.69 communities. A recent study in
years show that in Peru, Ecuador,
Black and American Indian women Kenya, Mozambique and Zambia
Argentina, Bolivia, and Chile
are also overrepresented in US showed a serious socio-economic
around half of women are in
pre-trial facilities. impact on people in prison and
pre-trial detention for drug-related
their dependents. For example, in
offences.65 Studies point to it being ‘virtually
Zambia, more than half of families
impossible’ for foreign nationals
More evidence has emerged interviewed had to sell an asset
to avoid pre-trial detention.70 New
that pre-trial detention also such as land or livestock to mitigate
data from Chile, for instance, shows
disproportionately affects the the financial impact of detention.74
that 73 per cent of foreign women
poorest members of society, In Pollsmoor prison, South Africa,
in prison were yet to be convicted.71
foreign nationals, racial minorities, where 60 per cent of pre-trial
indigenous groups and those with The disproportionate number admissions are for non-violent
mental health conditions. People of people from poor and socially offences, a new study shows almost
from backgrounds of disadvantage excluded populations in pre-trial half of survey respondents saying
are more likely to be arrested detention is unsurprising when they had been forced to take out
and to be detained pre-trial; they many countries operate systems loans to cover their losses related
are less likely to have the means of cash bail in lieu of pre-trial to their detention.75
to pay bail or comply with other detention. In the US, there have
Death penalty
The global movement towards of the last remaining 22 people announced willingness to consider
universal abolition of the death on death row in the country to life abolition of capital punishment,
penalty continued to progress in imprisonment.76 In Uganda, the at least for five of the six offences
2019. Angola ratified and Armenia mandatory death sentence was for which it can be handed down
signed the Second Optional removed from a number of laws for. The President of Kazakhstan
Protocol to the International (including the Penal Code and the also announced a move towards
Covenant on Civil and Political Anti-Terrorism Act),77 ten years total abolition, in a country that
Rights, the only binding global after the Supreme Court ruled that still retains it for exceptional
instrument on the abolition of capital punishment should not be crimes even though a moratorium
the death penalty. The Gambia mandatory in murder cases. In prevents executions.
commuted the death sentences Ghana in early 2020, the President
18 | Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2020You can also read
