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: 'Essex paper 3': Guidance on the UN Nelson Mandela Rules
PRI and the Human Rights Centre of the University of Essex have published guidance on the interpretation and implementation of the revised UN Standard Minimum Rules for the Treatment of Prisoners - the Nelson Mandela Rules. The 'Essex paper 3' is based on deliberations of an expert meeting in April 2016.
The International Drug Policy Consortiumreports on amendments to Thailand's drug laws, which took effect on 16 January 2017. The reform momentum was driven largely by prison overcrowding and a growing prison population, and the legislative amendments will result in reduced penalties and more proportionate sentencing.
A joint statement by FIACAT, the World Coalition Against the Death Penalty and PRI at the biennial high-level meeting on the death penalty at the Human Rights Council in February 2017 is available on the PRI website in both French and English. The panel discussion focused on exchanging views to address the human rights violations related to the use of the death penalty, in particular with respect to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. The statement calls on the Council to conduct an in-depth legal study on the emergence of a customary rule prohibiting the use of the death penalty in all circumstances.
The UN's Human Rights Office is calling for input for a report on the use of the death penalty - in particular on the consequences arising from the imposition and application of the death penalty on the human rights of the person facing the sentence and other affected persons, paying specific attention to the right to equality and non-discrimination, including foreign nationals. The deadline to send input is 31 March 2017.
The death penalty in Europe
An article by Oliver Robertson for Open Democracy discusses why the far right must stop talking about the death penalty in Europe - even for the most heinous crimes.
On 10 January 2017, São Tomé and Príncipe ratified the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty and became its 84th State party. Madagascar approved a law authorising the ratification of the Second Optional Protocol on 17 January 2017.
In a report submitted to the Human Rights Council, Nils Melzer, the incoming UN Special Rapporteur on torture gives an overview of the activities of the mandate during the reporting cycle. In the report, he outlines his working methods, his thematic priorities and his vision for a meaningful anti-torture advocacy, in close cooperation with existing mechanisms.
On 23 February 2017, Penal Reform International Central Asia, convened a press conference on ‘Prison reform in Kazakhstan: expectations and reality’. PRI presented trends and developments in Kazakhstan including on issues relating to the prevention of torture, conditions in detention and developments in rehabilitation and probation.
PRI report on vulnerable groups in detention in Russia
PRI's report on vulnerable groups in places of detention (in Russian, soon to be published in English) presents detailed analysis of comprehensive monitoring of vulnerable groups in custody across the Russian Federation.
During 2016-17, PRI undertook monitoring missions across 20 regions to assess conditions in pre-trial detention centres and police units for vulnerable groups in detention: women, women with children, children/juveniles, people with disabilities and chronic diseases. The project was funded by the Macarthur Foundation.
See also the training curriculum for members of Public Monitoring Commissions for assessing conditions.
This guidance document published by the UK National Preventive Mechanism identifies wide variations in the practices, procedures, safeguards against harm and experiences of detainees arising from isolation, even when applied in similar circumstances. Drawing from international standards and best practice, the guidance provides a framework for NPM members to apply when they encounter formal and informal isolation in all forms of detention.
E-learningcourseon role of the Court of Justice of the EU in criminal justice matters
Registrations are now open for interactive webinars and e-learning course from the Academy of European Law on the role of the Court of Justice of the European Union (CJEU) in criminal matters.
New research on the impact of long-term or life imprisonment on women has been published in the British Journal of Criminology. It compares the problems of long-term imprisonment as experienced by men and women, and then details the most significant and distinctive problems reported by the latter. Women report an acutely more painful experience than their male counterparts. It then focuses on the issues that were of particular salience to the women: loss of contact with family members; power, autonomy and control; psychological well-being and mental health; and matters of trust, privacy and intimacy.
On a visit to Australia, the UN Special Rapporteur, Dubravka Simonovic, called for better mental health care access and alternatives to custodial sentences for those with dependent children. She urged the government to review a policy of incarceration for unpaid fines, which has a disproportionate effect on the rates of incarceration of Aboriginal women because of the economic and social disadvantage that they face.
Expert meeting to review guidance material on Mandela Rules
PRI's Policy Director, Andrea Huber, joined senior prison officials from around the world, prison inspection mechanisms and other partners at a meeting convened by UNODC to review a checklist which will assist member states in assessing compliance with the Mandela Rules.
This new report published by the Institute for Criminal Policy Research shows that approximately three million people are held in pre-trial detention and other forms of remand imprisonment throughout the world.
See PRI's ten-point plan on reducing pre-trial detention, published to assist countries to reform their legislation, policy and practice in relation to pre‑trial justice. It draws on international standards, practical experience and findings from research initiated by PRI.
President Uhuru Kenyatta has directed the fast-track the release of petty offenders to decongest prisons and reduce government spending. The president said “Our justice system exists not just to punish offenders or to deter possible offenders from doing wrong; it exists also to encourage those who have done wrong to change, and to once more contribute meaningfully to society”.
