WHAT DO MONITORING BODIES NEED FOR ENGAGING IN CULTURE CHANGE?
9. Prisoners’ clothes
In many countries, prisoners are required to wear a
clearly identifiable uniform on the grounds that it will
reduce the risk of escape or facilitate recapture, and also
to facilitate identification and management of prisoners
on a day-to-day basis.
Colour-coding is used in many countries to differentiate
pre-trial detainees and convicted prisoners, as well as
different security categories or according to length of
sentence or offence committed.
In Merced county jail, California, uniform is used as part
of a detailed scheme of classification aimed at enabling
officers to keep rival gang members apart, and prisoners
who have dropped their gang membership have ‘VP’ −
short for Victim Potential − printed on the back of their
shirts to alert them to prison officers as vulnerable.125
Critics of the policy have argued that such labelling
further victimises such prisoners and may make them
even more vulnerable to inter-prisoner violence. It has
also been argued that colour coded uniforms for gangs
may only serve to strengthen gang identity and polarise
the population.
Death row inmates and prisoners serving life sentences
are also singled out by uniform in many countries, often
not justified by security considerations. In Florida, US,
for example, death row inmates wear ‘bright orange
scrubs made of some hot, heavy, itchy fabric’,126 even
though a flight risk is questionable in the high-security
conditions of their accommodation. In Texas, US, deathsentenced inmates have ‘DR’ printed on the back of their
uniforms.127 In Ukraine, the practice of identifying lifesentenced prisoners by issuing them with bright orange
uniforms with the label ‘lifer’ on the back was criticised
by the European Committee for the Prevention of Torture
(CPT) as ‘stigmatising’ and ‘humiliating’.128
While such practices may be driven by considerations
of security or other prison management needs, prison
uniform should not be part of a punitive framework nor
should it set out to humiliate the wearer, and for this
reason most prison administrations have discarded the
unnecessary practice of requiring prisoners to wear
uniform with arrows or stripes.129
For women, particular issues arise with regard to prison
clothing. For example, where women wear an all-in-one
jumpsuit, they must undress down to the waist when
using the toilet, leaving them exposed and in some
settings in view of staff or other inmates. In France, the
General Controller of Places of Deprivation of Liberty
expressed concern about the practice in police stations
of forcing women to remove their bras to reduce the
risk of self-harm or suicide. Its report found that women
could be left without their bra for 12-13 hours, even
appearing before a judge without it, and were subjected
to salacious remarks.130
While international standards are mostly silent on
the issue of prisoner uniforms, the revised Standard
Minimum Rules require that untried prisoners are allowed
to wear their own clothing.131 They further require that
whenever a prisoner is taken outside the prison, ‘he or
she shall be allowed to wear his or her own clothing
or other inconspicuous clothing’, in order to avoid
humiliation in public. Detainees should not be required
to wear uniform when appearing before a court or jury in
order to not compromise the presumption of innocence.
European Committee for the Prevention of
Torture132
The […] imposition of prisoner uniforms
– regardless of their design – can hardly
contribute to prisoners’ self-esteem, which
is an important part of their rehabilitation,
and may be seen as running contrary to the
normalisation principle, according to which
conditions in prisons should be arranged so
that they correspond, to the extent possible,
to conditions outside.
Monitoring bodies can enquire whether the use of
prison uniforms is based on and justifiable by security
considerations, and whether it is compatible with the
prohibition of inhuman and degrading treatment or
punishment.
125. One might speculate whether being identified as a potential victim may only serve to increase their vulnerability, especially where separation is not
well enforced.
126. Conversation with Michael L. Radelet, Professor of Sociology, University of Colorado.
127. http://www.texasobserver.org/solitary-men/ (see image)
128. Report to the Ukrainian Government on the visit to Ukraine carried out by the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) from 24 November to 6 December 2002, 1 December, 2004, CPT/Inf (2004) 34; and Report to the Ukrainian
Government on the visit to Ukraine carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) from 9 to 21 October 2005, 20 June 2007, CPT/Inf (2007) 22.
129. Professor Andrew Coyle, A human rights approach to prison management, 2nd edition, p42.
130. Le Contrôleur general des lieux de privation de liberté, Rapport d’activité 2009, http://www.cglpl.fr/2010/rapport-dactivite-2009/ <accessed 27
November 2015>.
131. Revised UN Standard Minimum Rules, Rule 115.
132. European Committee for the Prevention of Torture, Sweden: Visit 2009, CPT/Inf (2009) 34, Section: 28/50, 27 November 2009.
Penal Reform International | Balancing security and dignity in prisons: a framework for preventive monitoring
| 19