CRIME AND IMPRISONMENT use of imprisonment that outpaces the increase in the global population need to be sought at local levels. They are likely to include a highly complex mix of criminal justice policies and practices (such as ‘tough on crime’ policies and longer sentences) and social, cultural and economic factors (such as rising inequalities). Evidence of a relationship between levels of imprisonment and rates of criminal activity remains highly contested and many researchers assert that there is very little evidence that the use of imprisonment effectively lowers criminal offending. An interesting case in point is Kazakhstan, where the prison population fell from 57,000 in 2011 to 35,000 in 2018.13 This was achieved in part by reducing the length of prison terms, with the average sentence decreasing from nine and a half years to eight and a half, and in part by the increased use of non-custodial sanctions for minor offences. Along with this fall in the prison population, measures to encourage the recording of crimes were strengthened in Kazakhstan – but the overall crime rate has still declined.14 Worldwide, the common thread is that prisoners disproportionately come from poor and marginalised backgrounds. A large number come into conflict with the law due to reasons connected to poverty. Once in the system, they lack the financial resources to afford proper legal representation or monetary bail and are more likely to be given prison sentences than non-custodial options. A cycle of deprivation is then created, from which people struggle to break free. This cycle perpetuates itself through generations, as evidence suggests that children of prisoners are also more likely to end up in the criminal justice system themselves.15 recently that 518 men were crowded into a space meant for 170, and that on at least one shift, there was only one correctional officer on duty for every 528 prisoners.18 The Philippines Commission on Audit stated that: ‘congestion in jails leads not only to health and sanitation problems but also to increased gang affiliation of inmates. To sustain survival, inmates hold on to gangs or “pangkat” where they find protection, network of social support and most importantly, access to material benefits.’19 to release up to 3,000 prisoners in Zimbabwe.23 In Côte d’Ivoire, more than 4,000 prisoners accused of non-political crimes were pardoned in January 2018 and a further 4,000 were pardoned in September,24 while in Egypt over 700 prisoners received a presidential pardon.25 Prison overcrowding Prison overcrowding persists as a global concern, and in large part is caused by the excessive use of pre-trial detention. Data from the ICPR shows that in 121 countries, the number of prisoners exceeds the official prison capacity.16 This is likely to be an underestimate of the true picture, not least because particular prisons or sections of prisons can be overcrowded even if the prison system as a whole is not. 8 | The impact of overcrowding on the lives of prisoners can be enormous, leading to insanitary and violent conditions that are harmful to their physical and mental well-being and which do not support rehabilitation. Staff working in overcrowded prisons are also at risk and are more likely to face potential violence, the risk of contracting infectious diseases, and increased stress and mental health issues. When prisons are overcrowded, prison management and resources are so stretched that they are only able to provide the basic necessities for those under their care. Strategies for addressing overcrowding are set out in comprehensive detail in different international and regional guidelines and tools.20 On the whole, they entail strengthening crime prevention measures, expanding the use of alternatives to both pre- and post-trial detention (see Pre-trial detention, page 12 and Alternatives to imprisonment, page 40), reviewing the length of sentences, limiting the use of recall of prisoners on parole or probation, and ensuring consistent sentencing practices. The Philippines has the most overcrowded prisons in the world, and its institutions are currently operating at 463 per cent capacity.17 This can be largely attributed to President Rodrigo Duterte’s ‘war on drugs’ that has resulted in a huge increase in arrests in recent years. In Manila City jail, it was reported Amnesties and pardons continue to be used as a short-term solution to overcrowding, as well as for other more politicised purposes. In September 2018, over 2,000 prisoners were released in Rwanda, including some high-profile political detainees.21 A new amnesty law was introduced in Bolivia,22 and there were plans In Israel there were plans to release prisoners early26 in response to a 2017 High Court ruling that the state should provide at least three square metres of living space for prisoners; in some prisons in Israel, prisoners only have 2.2 square metres per person – while the standard set by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is six square metres for a single-occupancy cell and four square metres per prisoner for a multiple-occupancy cell.27 Another common solution to overcrowding is to build more prison capacity. For example, a new prison is due to be opened this year in Cambodia, where prisoners can pay to be detained in a building with additional space.28 In Slovakia, the Justice Ministry plans to build a new prison with capacity for 832 prisoners,29 while in Bangladesh there were proposals for temporary sheds to be built to accommodate the expanding prison population.30 Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019