RISK FACTORS DERIVING FROM AN OVEREMPHASIS ON SECURITY
the Judiciary scheduled a hearing of the Subcommittee
on the Constitution, Civil Rights and Human Rights
entitled ‘Reassessing Solitary Confinement: The Human
Rights, Fiscal and Public Safety Consequences’.111 In
February 2013, the Federal Bureau of Prisons agreed to
a comprehensive and independent assessment of its use
of solitary confinement in the nation’s federal prisons.112
Since then, the Federal Bureau of Prisons has reportedly
reduced its segregated population by nearly 25 per cent
and closed two of its Special Management Units, a form
of segregated housing.
The National Institute of Corrections reportedly assisted
states like Colorado113 and Mississippi to reform their
solitary confinement practices, with Mississippi reducing
its segregated population by more than 75 per cent,
which resulted in a 50 per cent reduction in prison
violence.114
7. The overuse of technology and
surveillance
The use of technology in prisons can make a positive
contribution to the safety of staff and detainees and
reduce the risk of abuse. This is the case, for example for
metal detector devices used to replace strip searches,
video cameras installed in courtyards to reduce risks of
inter-prisoner violence, or video conferencing with courts
to accelerate judicial procedures.115 The presence of
cameras can also deter violence or other inappropriate
behaviour by staff and other detainees.
However, the indiscriminate use of high-tech systems,
on a permanent basis, in particular constant CCTV
surveillance in cells,116 can constitute a serious
infringement of the right to privacy. Research in a
UK prison showed that a sense of being monitored
contributed to an ‘atmosphere of constant suspicion,
paranoia, and self-conscious reflection’ leading prisoners
to suppress and lose touch with their identities.117
Furthermore, audio-visual surveillance must not be used
to infringe the confidentiality and professional secrecy of
detainees’ meetings with lawyers, or their right to privacy
during medical examinations. Audio-visual transmissions
also tend to be over-relied upon as a means to prevent
self-harm and suicide.
Video surveillance, and especially video recording, should
therefore be accompanied by safeguards including in
relation to storage of and access to the footage.118
There is also a risk that an increased use of technology,
including high-security architecture and mechanical
security mechanisms such as automatic gate locking/
unlocking systems, replace human contact between
detainees and staff and lead to the dehumanisation of
places of detention. For example, in 2012, the South
Korean government was reported to be testing robot
prison guards at a facility in Pohang. The robots are
equipped with cameras, a microphone, and software
to analyse signs of danger emanating from prisoners in
order to alert the human guards.119
Monitoring bodies and NPMs should examine general
policies and trends related to the use of technology in
places of detention, as well as their implementation in
practice, with a view to assessing their impact on the
dignity of detainees.
While audio-visual surveillance, such as recording of
police interrogations, can provide a key safeguard
against torture and other ill-treatment, monitoring bodies
should be as specific as possible when recommending
such measures, in order not to indirectly undermine
the right to privacy and confidential consultation with
legal representatives. They should also be attentive
to overreliance on technology and surveillance, which
carries the risk of dehumanising a place of detention.
8. Staff-prisoner relations and interprisoner violence
Many countries do not invest adequately in their prison
system, limiting their role to the building of walls and
reducing staffing levels to what is required to prevent
escape, and otherwise leaving prisoners more or less to
their own devices. High levels of violence and systems
of self-government, leaving control in the hands of the
strongest prisoners, are the logical consequences of
such neglect.
When prisons are a dangerous place, people come out
more likely to offend again, potentially even brutalised.
Violent institutions are also very inefficient. Fights and
assaults monopolise time that staff could spend on
111. Reassessing solitary confinement: the human rights, fiscal and public safety consequences. Senate Committee on the Judiciary, Subcommittee on the
Constitution, Civil Rights and Human Rights, 19 June 2012.
112. See the press statement by Senator Dick Durbin, Chair of the Senate Subcommittee on the Constitution, Civil Rights and Human Rights, 4 February
2013. http://durbin.senate.gov/public/index.cfm/pressreleases?ID=07260483-4972-4720-8d43-8fc82a9909ac <accessed 8 October 2013>
113. In March 2012, the Canon City Super-max prison in Colorado, USA, was closed down, whereas the Illinois Tamms Super-max prison was officially
shut in January 2013.
114. Senator Dick Durbin, Chair of the Senate Subcommittee on the Constitution, Civil Rights and Human Rights, 4 February 2013, op.cit.
115. On the use of video-conferencing for court hearings and the risks for the right to defence, see Opinion of the French General Inspector on places of
detention (NPM) of 14 October 2011: http://www.cglpl.fr/wp-content/uploads/2011/11/Avis-JO_visioconference_20111109.pdf <accessed 8 October
2013>
116. For example, this is the case for detainees under the Special Disciplinary Regime (RDD) in federal prisons in Brazil, or in Serbia in the Special
Department of Pozarevac Zabela Correctional Institution, CPT Report to the Government of Serbia, visit from 1-11 February 2011, CPT/Inf (2012) 17,
para.96.
117. Alison Liebling, Helen Arnold and Christina Straub, An exploration of staff prisoner relationships at HMP Whitemoor: 12 years on, revised final report,
Ministry of Justice, 2011, p30.
118. See PRI/APT factsheet on ‘Video recording in police custody’, in Detention Monitoring Tool: Addressing risk factors to prevent torture and illtreatment, 2nd edition, 2015.
119. See ‘Robot prison guards to go on duty in Pohang’, The Korea Herald, http://www.koreaherald.com/view.php?ud=20111124000755 <accessed 23
September 2013>.
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