Towards a health-informed approach to penal reform? Evidence from ten countries
Many countries base their official capacity on cell accommodation that provides so little space per prisoner that
anything close to 100 per cent occupancy rates in such a country would amount to serious overcrowding. It is
also important to recognise that occupancy levels fluctuate over a given period, with many more people entering
a country’s prison system in the course of a year than the ‘stock’ number represented by national prison statistics
and shown on the World Prison Brief. Consequently, there may be far greater numbers in custody at certain points
over a given year than there are on the date to which the stock figure refers. Prison stock data can also be many
years behind the current year because some countries are slow to publish prison statistics. Overcrowding can also
exist in some prisons of a country even when its overall occupancy rate is below 100 per cent.
At that time I remember that
there were so many people
sent to prison. It was extremely
crowded to the point that
we needed to snatch or take
everything from each other.
It was like a competition
to survive, you know? The
sleeping space, the food,
everything…’
‘Inmate H’, Thailand
It was very overcrowded. If an
inmate went to the toilet, he
could not come back to his
place, so he must stay and
sleep near the toilet. There
were some occasions that I
had to sleep sitting on the floor
because I did not have any
space to lay my body down…’
‘Inmate J’, Thailand
(Prisoner interview extracts
drawn from Netrabukkana,
2016)
The severity of prison overcrowding and its potential health impact
should not be assessed purely by reference to the physical space
available to each prisoner. The amount of time that prisoners are
locked in their cells and whether cells are shared with others will
also affect the impact of overcrowding on health.
Being locked for up to 23 hours a day in a cell intended for one person
but shared by two or three requires cell-mates to eat, and to use the
toilet, in the same small space. Such conditions may well be worse for
prisoners’ health than sleeping in a crowded communal cell at night
and then spending the day outside the cell working and interacting
with others. On the other hand, if night-time conditions in a dormitory
cell make sleeping impossible because of noise, bright lights, or lack of
personal space, the health impact of overcrowding will be worse.
It follows that the mental and physical health impacts of
overcrowding depend not only on the physical living space
provided in the cell, but also on factors such as: time locked up
in the cell; number of people sharing the cell; sleeping conditions;
opportunities to exercise, work and interact with others; access to
light and fresh air; standards of sanitation; access to drinking water;
quality and sufficiency of diet; and availability of medical treatment
and healthcare. These factors are crucial in preventing disease and
limiting risks of disease transmission, but are often compromised
when prisons are overcrowded and under-resourced. The health
and wellbeing of prisoners and staff are at risk as soon as resources
come under pressure, as they do in any prison operating above
official capacity.19
19 See affidavit of expert witness Ms Arina Smit dated 7 December 2015, in the case of Sonke Gender Justice v Republic of South Africa
and another, High Court of South Africa, Western Cape Division, Cape Town, Case No 24087/35 (extract quoted on p. 23 of this report).
16
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