Penal Reform and Gender
Box 10
Women in prison in Afghanistan 67
Tordai and Shafiqa – along with another 12 female inmates and their 15 children – share a detention facility with 236 male prisoners in a mud-built
compound, which was originally Mazar city’s traffic police department. The building has only two small yards and just nine cells for both male and
female convicts.
The lack of space means those awaiting trial languish with the convicted in the same cells. According to the prison director, Colonel Abdulrub: ‘In
addition to a lack of proper medicine and health care here, the issue of very old and overcrowded rooms is another trouble for prisoners living in this
compound,’ adding that up to 30 prisoners were living in a room originally built for 10 inmates.
Prison authorities in Mazar also complained about a lack of foodstuffs, as well as proper medical and education facilities for children living alongside
their mothers in the prison. ‘The government is only providing less than US $1 for each inmate per day, which cannot even buy their dry bread,’ a
prison official said.
Human rights bodies have expressed concern over poor prison conditions in the destitute central Asian state. There are 34 prisons across the country
and many lack separate buildings for female prisoners, who are often kept in prison cells originally built for male inmates.
‘Some 90 children are living with their mothers, who have been charged with different crimes, without any kindergartens and other facilities for their
development in all the prisons of the country,’ the same prison official claimed.
‘Prison conditions in Afghanistan remain extremely poor and prisoners generally have to rely on relatives for their food and other expenditures,’ the
Afghan Independent Human Rights Commission said in its annual report for 2005. ‘Prisons and their staff are severely under-resourced and no
training is provided to them about caring for prisoners or their duties with regards to the human rights of prisoners,’ the report read.
According to the report, the rights body had helped secure the release of 1,386 illegally detained persons and removed 27 children from adult prison
cells in 2005.
governed by varied regimes in regards to penal reform.
Countries in Eastern Europe and the Caucasus are now
in the Council of Europe and are bound by the European
Convention on Human Rights and the guidance
instrument, the European Prison Rules. In Russia, there
have been substantial reforms in the direction of a more
human rights-based system since the breakup of the
Soviet Union. In Central Asia, the Russian model of
imprisonment has been maintained but changes have
been made to bring it more into line with human rights
norms and the rule of law.
Challenges and opportunities for integrating gender:
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Legal provision is made for different treatment of
women in prison and women with babies in prison,
which could provide a platform for reform.
The Council of Europe framework gives the possibility
of basing reform on the non-discrimination elements of
human rights requirements.
Tips
Women’s professional organisations, such as women
lawyers’ and doctors’ groups, can be encouraged to
take an interest in helping women in prison.
Member countries of the Council of Europe are subject
to visits by the CPT, whose findings are usually
published with the government’s reply. These reports
usually pay particular attention to gender matters. Civil
society organisations and parliamentarians can use
them as the basis for awareness-raising.
5.3 Developing countries
Prison systems in many developing countries, including
sub-Saharan Africa and the countries of the Englishspeaking Caribbean, are based on the legacy of the
former colonial power. In former British colonies, prisons
often follow a standard British design and incorporate
aspects of prisons in Britain, as they were in the past.
Economic pressures and failures in governance mean
that prison conditions are usually bad and often lifethreatening. Prisons in Francophone Africa follow the
French legal system but here too conditions are often
very poor. In Bangladesh, India and Pakistan, the former
colonial influence is also strong. In these countries, the
idea of imprisonment was imposed by colonialism on
systems that were often more attuned to restitution than
retribution. The formal justice system is only one part of a
much wider set of options for dealing with acts that
society views with disapproval.
Women and juveniles in prison in these countries suffer a
range of problems. Women in some countries can be
imprisoned for dowry-related offences, for adultery or
being a rape victim. They are likely to be disowned by
their families and may lose access to their children. In
those countries, where survival depends on food and
medicines being brought in by families, they are at a
great disadvantage. Juveniles are often not separated
from adults and are in great danger of abuse.
In South East Asia, the prison system is usually highly
regimented, with strict rules about how blankets should be
folded and how prisoners should sit. The ideology
underlying these prison systems is that prison should be
a place of reform where prisoners are supposed to give up
their wrong way of thinking and return to the fold. Many
women are imprisoned for low-level drugs offences.
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