Welcome to Penal Reform International's monthly e-newsletter, a round-up of PRI and other penal reform news from around the world and a variety of criminal justice and human rights resources.
The views expressed in the news items below are not necessarily those of PRI.
In this month's edition:
In the spotlight:Mandela Rules focus of OSCE regional consultation
A meeting of practitioners in the OSCE region held on 19 and 20 April 2017 in Warsaw took as its focus the implementation of the Mandela Rules, challenges faced by prison administrations and penitentiary staff, and good practices in this sphere. The event was organised by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and PRI. Over 20 prison administrators and staff and representatives of relevant ministries attended to discuss issues related to daily life in prison, including the use of intrusive body searches, instruments of restraint and solitary confinement, the prison file system, contact with the outside world, and the healthcare service in closed facilities. A Guidance Document on the revised areas of the Mandela Rules will be published later in 2017.
It is now widely acknowledged that armed conflict particularly and uniquely impacts women, and there is political commitment to address this, notably in the Women, Peace and Security agenda. In this expert blog, Andrea Huber of PRI and Therese Rytter of DIGNITY, the Danish Institute Against Torture, examine how international law on the prohibition of torture and other ill-treatment (UN Convention against Torture) and gender-specific forms of abuse have been reflected in instruments mandating and guiding peacekeeping efforts. The authors specifically analyse UN Security Council Resolutions on peacekeeping operations and in the Gender Strategy and Policy of the UN Department for Peacekeeping Operations (DPKO).
Amnesty International has published its annual report covering the judicial use of the death penalty for the period January to December 2016. The report shows an overall drop in the use of the punishment during this time, with the total number of executions decreasing from the historical high figure reported in 2015. The number of countries that imposed death sentences and those that carried out executions also decreased in 2016.
However, the figure of recorded new death sentences increased compared to 2015, exceeding the previous highest total recorded in 2014. See PRI’s Death Penalty information pack.
Applications remain open until 17 May 2017 for members and staff of National Preventive Mechanisms for a Summer School on ‘Detention monitoring applying the UN Nelson Mandela Rules’, which will take place in Bristol, UK in August 2017.
A report has found New Zealand’s overuse of solitary confinement, including in respect of mentally unwell prisoners and children, to be in breach of international standards. Dr Sharon Shalev, an international human rights expert, was funded by the United Nations to visit New Zealand last year at the request of the Human Rights Commission, owing to concerns about the country’s use of solitary confinement. The report – ‘Thinking Outside The Box’ – analysed the use of seclusion in prisons, health and disability units, a youth justice residence, a children's care unit and police cells. Dr Shalev’s findings also showed that Maori and women were more likely to experience segregation.
In its annual report, the CPT has urged the 47 Council of Europe member states to hold persons in remand detention only as a measure of last resort and in adequate conditions. The CPT highlighted the need for alternative measures to pre-trial detention.
The CPT also published reports on France, the UK and Azerbaijan in April. They urged France to tackle the problem of prison overcrowding and asked for a review of the regime for so-called ‘radicalised’ prisoners. The CPT raised serious concerns over the lack of safety for inmates and staff in prisons in England. It also welcomed two reports on Azerbaijan being made public at the request of the State authorities, from visits in 2005 and 2006, and has encouraged the authorities to follow up on this with the publication of the six as yet unpublished reports.
In a recent case brought by prisoners against Romania to the European Court of Human Rights, a ‘pilot judgment’ procedure was applied, meaning that the situation was part of a general problem originating in a structural dysfunction of the Romanian prison system.
In the case, Rezmiveș and Others v. Romania (judgment available only in French), the Court requires Romania to introduce measures to reduce overcrowding and improve detention conditions, and to provide remedies. A timetable for the implementation of measures is required within six months.
Penal Reform International, Kyrgyzstan’s State Service of Execution of Punishments and the UN Office on Drugs and Crime (UNODC) last month jointly organised the country’s first international Penitentiary Forum. The aim of the forum, which took place in Bishkek from 28-29 March 2017 and which was supported by the British Embassy, was to create a practical dialogue platform where multiple countries could convene to discuss best practice regarding rehabilitation/resocialisation and employment of prisoners after their release, effective functioning of probation services, and ways in which to reduce prison populations.
The Council of Europe's Council for Penological Co-operation (PC-CP) Working Group met in Strasbourg on 10-12 April 2017 to consider the text of a draft recommendation on children of imprisoned parents.
According to a Fair Trials report, the trial as we know it is disappearing. The report, which studies over 90 countries, shows that in many parts of the world, trials are being replaced by legal regimes that encourage suspects to admit guilt and waive their right to a full trial. Of the countries examined, 66 now have formal ‘trial waiver’ systems in place in comparison to a total of 19 in 1990.
A new report by UK-based organisation Catch22 sets out recommendations on how to rectify racial bias in the criminal justice system, including representation of all races at senior levels of the judiciary. The report follows a series of focus groups in a UK prison run by the organisation, which revealed prisoners’ perception that the criminal justice system discloses a pattern of widespread racial bias.
This briefing draws on research from Kenya and other studies on women in the criminal justice system to outline lessons and recommendations on designing and implementing community service and probation for women, in line with the UN Bangkok Rules. The research in Kenya looked at the existing system and experiences of women serving community sanctions. Read the full research report and watch a short documentary.
Call for information: HIV in prisons or pre-trial detention centres
The National Drug and Alcohol Research Centre at the University of New South Wales is reviewing the HIV situation in prisons and closed settings, and the availability and coverage of HIV prevention, treatment and care programmes. They are seeking information on the prevalence, incidence, co-infection, co-morbidity, and mortality rates of HIV, Hepatitis A, B and C and Tuberculosis in prisons and closed settings for all countries. For more information or to forward any relevant material, please contact Rebecca Bosworth at r.bosworth@unsw.edu.au by 1 June 2017.
In March, the Committee of Ministers of the Council of Europe approved the text of a Handbook for Prison and Probation Services regarding Radicalisation and Violent extremism, which was prepared by the Council for Penological Co-operation (PC-CP) Working Group. The Handbook aims at providing specific directions and suggested recommendations to achieve good practices in the risk assessment, management and re-integration of radicalised offenders.
The Working Group on Prison and Probation of the Radicalisation Awareness Network has published a new paper based on practitioners’ input and up-to-date research on preventing violent extremism, engagement with extremist groups and extremist behaviour during detention and probation. The aim of the paper is to provide policy-makers, prison governors and prison and probation staff with information on current practice and issues relevant to managing violent extremist offenders and individuals considered at risk of engaging in violent extremism in a prison and probation context. See PRI’s new briefing on Children and violent extremism: international standards and responses from criminal justice systems.
