PRISON MANAGEMENT
guards ‘exceeded their authority or
abused the dignity of prisoners’.291 One
of the most shocking cases was that of
Yevgeny Makarov, who was subjected
to repeated beatings with clubs by
Russian prison guards; the events
were captured on video and published
in the Novaya Gazeta,292 causing
an international outcry. The Russian
authorities have since investigated
the case, leading to the suspension
of 17 prison employees and seven
arrests.293 In an exceptional measure,
the UN Committee against Torture
called on Russia to report on efforts
to bring the perpetrators to justice.294
The Convention against Torture
Initiative (CTI) brought together
Council of Europe member states
to discuss ways to address and
respond to torture and other abuse
that take place during police custody
and pre-trial detention.295 The CTI
also held a regional seminar to
discuss good practices regarding
ratification and implementation of
the UN Convention against Torture,
basic safeguards in respect of arrest
and detention of suspects, and good
management approaches in relation
to law enforcement.296 States shared
good practice on torture prevention,
including strategies to strengthen the
role of the judiciary and prosecutors in
preventing and responding to incidents
of torture and ill-treatment, increasing
professional standards in policing, and
improving the management of prisons
to ensure the humane treatment of
prisoners. States also emphasised the
importance of ‘checks and balances’
in monitoring places of detention
through complaints bodies and
National Human Rights Institutions.
During transfers from prison to
court, medical facilities or elsewhere,
prisoners can find themselves confined
in extremely small and crowded
spaces and in poor and unsafe
conditions, sometimes for prolonged
periods. The Council of Europe
has produced a Recommendation
for member states to ensure that
transportation is ‘always carried out in
a humane, secure and safe manner’.297
solitary confinement of children and
young offenders303 because of the
serious risks of ‘long-term psychiatric
and developmental harm’.304 There
were reports of children spending
more than 22 hours per day in their
cells in the UK.305 (See Children and
young people, page 22).
Prisoners continue to be held in solitary
confinement, often for long periods
of time. In Spain, prisoners convicted
of very serious offences are kept in
solitary confinement for 21 hours
a day in an eight-square-metre
cell.298 The CPT called on Norway
to improve its treatment of prisoners
in solitary confinement following a
visit to the country in May 2018,299
when prisoners were found to be
locked up alone in their cells for
22 hours per day for prolonged
periods, with only limited contact
with staff. The CPT recommended
that prisoners who were subjected
to ‘complete exclusion from company’
should benefit from more structured
programmes, purposeful activities
and meaningful human contact on
a daily basis. A report into the use
of solitary confinement in Malawi,
Kenya, Zambia and South Africa found
that most of the countries failed to
comply with the Nelson Mandela Rules
and prison legislation dealing with
solitary confinement was outdated in
four out of the five countries.300 The
authors called on these countries to
‘make substantial efforts to address
the lack of independent review
mechanisms of solitary confinement
in their legislation’.301
In India, the Uttarakhand High
Court found that keeping prisoners
in custodial segregation/solitary
confinement was unconstitutional.306
In the US, the Supreme Court noted
that solitary confinement ‘comes
perilously close to a penal tomb’.307
Following the 2018 ruling of the
British Columbia Supreme Court
that prolonged and indefinite solitary
confinement was unconstitutional,308
the Canadian government has been
given an extension until mid-June
2019 to change its practice of isolating
prisoners for 22 hours or more a day
without meaningful human contact,
but only on the proviso that certain
conditions are met immediately,
including daily medical visits and
an extra 30 minutes outside of cells
each day.309
Medical research from the US supports
the case against solitary confinement
on the basis that it can do severe and
long-lasting damage to the brain.302
In addition, there were calls by medical
professionals in the UK to ban the
RECOMMENDATION 14
States should ensure the safety
of prisoners and staff at all
times, including by improving
prison conditions and investing
in dynamic security approaches.
Countries that have not ratified
the Optional Protocol to the
Convention against Torture
should do so. All states should
avoid the use of solitary
confinement where possible
and take steps towards its
total abolition.
Prison staff
People working in prisons perform
an important public service that is
often misunderstood or subject to
negative stereotyping. Their role is
crucial for the effective rehabilitation
and reintegration of prisoners and
their job is complex and multi-faceted,
demanding good interpersonal skills
as well as the ability to deal with
extremely challenging situations.
Working conditions and remuneration
28 |
should reflect the difficult nature of the
work. In reality, staff shortages and
budget cuts have led to an increase
in dangerous and violent prison
environments and prison staff in
many countries continue to risk their
physical and mental well-being.310
Assaults on prison staff increased
by nearly a third from 2017 to 2018
in England and Wales.311 Russia
has seen an increase in attacks
on prison staff, who are reported to
be suffering from ‘moral fatigue’.312
In 2018, prison staff in Bulgaria
went on strike owing to poor
remuneration,313 and in England
and Wales, prison staff protested
against working conditions and
‘unprecedented violence’.314 In some
countries, prison staff are facing new
risks to their health from exposure
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
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