2009
SURVEY
OF A NATION’S PRISONS AND JUSTICE
finding both problems and progress towards human rights goals
1. FAIR JUSTICE
1.1 Judicial System capability. Is the judicial system competent,
impartial, and with the capacity to handle the judicial functions? Is the
waiting time excessive when an accused waits in jail for a trial?
1.2 Legal assistance to persons living in poverty. What legal advice or
assistance is given to the very poor? Do they have a public defender system or
some system of providing counsel to indigent (very poor) defendants? Does this
include legal advice, assistance, representation, and mechanisms for alternative
dispute resolution? Are there legal and/or paralegal services in police
stations? Are paralegal services available to incarcerated in prisons, so as to
allow them to understand the law, process and apply this learning in their own
case, and assist with appeals?
1.3 Justice for women and juveniles. What special efforts are made to
insure fair justice for women and juveniles? At what age can children be sent
to imprisonment? At what age are young people tried and punished as adults? What
special correctional practices are used for domestic violence, trafficking in
women or children, or childhood crimes?
1.4 Unfair treatment by Discrimination. Are there major biases in the
system, - for example, involving race, ethnic origin, sex, religion,
political views, economic status, or any other social condition?
1.5
Arbitrary or severe penalties. Are there extra-legal, arbitrary, or summary
police-penalties or execution practices? Are some legislated punishments
evidentially excessive or cruel in the light of today’s concepts of human rights
and justice? Should some crimes be de-criminalized? Is there a legal death
penalty? If so, how many people currently have a death sentence, and how many
have been executed in each of the past three years? In practice, what is meant
by a “life sentence?” Do they have sentences of life without possibility of
parole?
2.1 Structures and alternatives. Are there gradations of confinement, with different levels of security and freedom? Are there alternative punishments rather than incarceration? Does this include treatment for alcohol or drug addictions or mental health? Does this include community service or financial recompense? Does this include family group conferencing or victim-offender mediation? Are there any “open” prisons (minimum security, depending on inmate responsibility)?
2.2 Physical space and separations. Describe overcrowding if this is a
major problem. What steps have been taken or are planned to remedy any severe
overcrowding. Are arrangements made to separate men and women; children and
adults; the elderly; accused and convicted; persons deprived of liberty for
civil reasons and those deprived of liberty on criminal charges? Are juveniles
kept separately from adults in prisons?. Are there separate prisons for
juveniles? Are convicted persons well identified with uniforms or otherwise?
2.3 Pretrial service and process. Do pretrial services exist which
assess the needs of the accused and recommend possible treatment or other
solutions instead of incarceration? Is there any mechanism for releasing
pre-trial detainees, such as in-bond or release on own recognizance? Are
incarcerated persons given credit for time served pre-trial?
2.4 Standards. Are there statutory or written prison
standards, prison codes, or manuals of prison procedures? Are they enforced, and
if so, by whom? Is there an independent agency to monitor prisons and jails? Do
judges regularly visit and affect conditions in prisons?
3.1 Grievances. Does each prison have written rules and regulations governing required behavior of incarcerated persons? If so, how are they enforced? Are incarcerated persons able to make complaints to the judiciary, prison authority, or other authority? Are serious grievances investigated in a timely and thorough manner? Are members of the community, press, and civil society able to enter the prison premises and interview incarcerated persons? Are in-prison photos permitted?
3.2
Abuse of incarcerated persons. Is there policy for humane treatment in
keeping with the dignity of every human person? Do they prohibit corporal
punishment, torture, dark cells, or any other cruel, unusual or degrading
treatment? Are incarcerated persons subject to threats and acts of collective
punishment? Is solitary confinement used excessively? Are persons who are
abused or injured by law enforcement officials given adequate compensation and
support? Are there prison gangs that abuse others? Are there incarcerated
persons that have administrative, disciplinary or supervisory authority over
other incarcerated persons?
Is the State a party to relevant international and regional human rights
instruments? Are these instruments fully implemented in domestic legislation?
Has the State agreed to the UN Standard Minimum Rules for the Treatment of
Prisoners? Has the State supported the adoption of an Optional Protocol to the
UNCAT to create an international visiting mechanism with the mandate to visit
all places where people are deprived of their liberty?
3.3 Sexual Security. Are incarcerated women effectively protected from
sexual abuse by overseers? Are incarcerated men and women effectively protected
from prisoner-on-prisoner sexual abuse? Is homosexuality a major issue in the
prisons? Does the government acknowledge its presence or criminalize it?
3.4 Correctional Officers. Are correctional officers trained for their
responsibilities? Do prison personnel receive instruction and periodic
specialized training, with an emphasis on human rights, on the prohibitions
regarding the use of force, firearms, and physical restraint? Are there attempts
to develop mutual respect between incarcerated persons and correctional
officers?
3.5 Research and
Statistics. Is information gathered yearly on the number of deaths and their
details? How many incarcerated persons are there from other countries? Do they
have universities in the country doing research on the prisons?
4.1 Health Care. Does
the prison provide adequate health care for incarcerated persons, - for
example: adequate medical, psychiatric, and dental care, availability of
suitable and impartial medical personnel, testing and treatment for drug
addictions and prevalent diseases? Are there medical exams ( health
checks) for incarcerated persons on admittance and on discharge?
Are sanitary facilities adequate? Is overcrowding a serious health
hazard? Is there nutritious food, and drinking water for consumption and
hygiene? How many meals a day are served? Do incarcerated persons eat the same
food every day? Does each incarcerated person have his or her own bed? Do
incarcerated persons get outside in the fresh air every day? Are soap and
clothing provided by the prison? Is a state department responsible for health
care and training of health officials?
4.2 Women-Care. Do women have gynecological and pediatric care, before,
during, and after giving birth?
4.3
Mental Illness and addictions. Are the emotionally disturbed and mentally
ill given special treatment by competent staff? For example, are there mental
health examinations when mental illness is suspected? Are there limits on
solitary confinement?
Are alcohol and drug addictions major causes of incarcerations? Are treatments
and education on addictions adequate before, during, and after incarceration?
5. RESTORATIVE PRACTICES
5.1 Rehabilitation Programs. Do the prisons have adequate education programs, - for example, primary, secondary, technical, vocational, and post-secondary education? Are there life-skills education programs such as: developing self-confidence, community responsibility, parenting, awareness of impact on victims, or building competence in communication, cooperation, and conflict resolution? Is education for incarcerated persons aimed at developing the whole person, including access to books, religion classes and cultural activities such as music or art?
Do job skill development and work assignments help to prepare for economic survival on the outside? Are incarcerated persons paid a wage for their work? How is the wage related to that which would be paid to a similar worker in civil society?. Are incarcerated persons expected to pass on a proportion of the money to their families, or to donate a proportion to some form of reparation for the offence which they committed, or to save some for their release?
Are there counseling or other restorative practices to deal with domestic violence, human trafficking, or other trauma?
Describe any successful rehabilitation programs worthy of emulation elsewhere.
5.2 Reentry Programs. Do they have programs for pre-release or re-entry assistance for incarcerated persons?
Is there earlier release or parole based on rehabilitation efforts? Are there criteria for early release based on compassionate grounds, health or age? Does reentry include the opportunity for incarcerated persons to leave prison on a daily basis before their actual release date, - for example, to attend a training course, or to obtain new work skills? Can the incarcerated person return home regularly for a few days at a time as the end of the sentence approaches? Are there half-way houses?
Are there post-release
educational, job-training, addiction-treatment, or mental health services
available to ex-offenders?
What is done for family and community-agency support, and job placement? Do
they sensitize families and community in preparation for the reintegration of
the incarcerated person back into society and involve them in rehabilitation and
development programs? Does reentry include guidance of ex-offenders by
designated mentors? Is there individual or group counseling after release?
Describe any successful reentry programs worthy of emulation elsewhere.
6.1 Voting. Do pre-trial and/or sentenced persons have the right to vote? If not, are voting rights restored automatically upon release? If not, can they be restored at some point? If they are allowed to vote, what provisions are made for incarcerated persons’ voting? Do they have access to television, radio and newspapers to prepare to vote?
6.2 Visitation. What kind of visiting arrangements do they have for incarcerated persons? Does the state provide transportation of relatives to and from the prisons? Do they have private visiting arrangements for certain family members? Are there mail and telephone services for families?
Are religious volunteers encouraged for all religions, and are there chaplaincy
services? Are other volunteer services encouraged?
7.1
Key problems. In each of the above six Parts, identify one or more major
problems whose solutions are key to prison and justice improvement, and which
merit priority attention.
7.2 Recommendations. Recommend specific actions to ameliorate these key
problems, and thereby achieve a more restorative and fair justice for all.