PRISON POPULATIONS
as victims. If they are arrested and
prosecuted, their victimisation should
be taken into account and they
should be dealt with in accordance
with international standards on child
justice at all times.224 Research on
these issues in Europe concluded
that children were being unnecessarily
and disproportionately criminalised
for expressing opinions, often online,
that are viewed as glorifying or
inciting terrorism.225
The ICCPR and the Convention on
the Rights of the Child both expressly
forbid capital punishment for offenders
who were under the age of 18 at
the time of the offences they were
convicted of. The prohibition on the
execution of child offenders is so
widely observed that it has attained
the status of a peremptory norm of
international law. However, a very
small number of countries continue
to retain the death penalty for crimes
committed by children. During 2018,
it was reported that Iran executed
at least five individuals who were
sentenced to death for crimes they
allegedly committed as children,226
while South Sudan also executed a
child.227 Several people remained on
death row in Saudi Arabia for crimes
committed when they were children.228
(See Death penalty, page 15).
RECOMMENDATION 11
pre-trial proceedings, long sentences
and barriers to early release, as well
as elderly prisoners being charged
with historical offences, such as
sexual abuse offences.234 In Japan
and Singapore, there have been
reports that old age itself is a trigger
for offending because it results in
increased levels of poverty and a lack
of family and social support.235 The
Japanese Ministry of Justice reported
that in 2017 the proportion of elderly
former offenders returning to prison
was notably high, with many facing
unstable prospects outside jail due to
inadequate support from their families
and difficulty in finding employment.236
In the US, the ‘greying’ of prisons is
accounted for by both an increase in
admissions of older people to prison
and the use of longer sentences as
a public safety strategy.237
Another threat to the health of
elderly prisoners is long-term abuse
of substances, which is common
amongst this population, as well as
social and psychological issues related
to ageing – such as managing the
loss of a partner or friends. These
additional needs generate financial
burdens on already under-resourced
prison systems. According to the
American Civil Liberties Union, it costs
twice as much to imprison someone
over the age of 50 and in some cases,
it may cost up to five times more when
medical costs are added.239
There are clear and explicit
international standards on
justice for children which should
apply in all contexts, including
for children (allegedly) involved
in terrorist or violent extremist
offences. Children should be
detained only as a measure of
last resort, and there is growing
evidence of the effectiveness of
diverting children away from
formal judicial proceedings –
which should be done as much
as possible.
Elderly people
The definition of when someone
becomes ‘elderly’ is unclear, although
consensus is emerging that, for
prisoners, it is at around 50 years
and over. This is because the prison
environment itself is associated with
an accelerated ageing process, with
prisoners’ health status generally
considered to be equivalent to that
of people 10 years older in the
general population.
The world’s population is continuing to
age: nearly every country in the world
is experiencing growth in the number
and proportion of older people in their
population.229 In many countries, the
proportion of elderly prisoners also
follows this upward trend; at present,
this has been identified mainly in
high-income countries, although this
may be a result of the availability of
data. Across the European region,
the proportion of the prison population
who are over the age of 50 is an
average of 11.7 per cent, ranging from
44 per cent in Lichtenstein to three per
cent in Russia.230 In Japan, the number
of prisoners aged 60 or older rose
from seven per cent of the total prison
population in 2008 to 19 per cent in
2016,231 and in Singapore, the number
of prisoners over 60 doubled between
2012 and 2016.232 In the UK, the
proportion of prisoners aged over 50
increased from seven per cent in 2002
to 16 per cent in March 2018.233
In a new publication on the issue,
the International Committee of the
Red Cross (ICRC) attributes the
rise in elderly prisoners to lengthy
The increase of elderly prisoners
creates new and difficult challenges
for prison authorities. Older people
in prison face health conditions
associated with the advancement
of age, such as falls, increased frailty,
dementia, incontinence and sensory
impairment. A report on social care in
jails in the UK highlighted some of the
practical issues that can arise when
caring for older prisoners: ‘Many older
jails are ill-equipped for prisoners in
wheelchairs, or with mobility problems.
Some prisoners struggle to wash and
look after themselves and others who
have fallen cannot get help during
the night.’238
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
Efforts have been made to specifically
address the needs of older prisoners.
In Japan, a new policy to detect
dementia in prisoners will be rolled
out in 2019 with the aim of detecting
the condition at an early stage
and providing treatment to ensure
effective reintegration on release.240
The Singapore Prison Service has
retrofitted some prison cells with
senior-friendly features such as
handrails.241 Prison officers in Scotland
have been given training on how
to work with people suffering from
Alzheimer’s and dementia.242
In Kenya, an appeal court questioned
the use of mandatory sentences for
elderly people ‘as the compulsory
sentences amounted to committing
them to a slow death behind bars.’243
In some jurisdictions, there is the
possibility for elderly prisons to be
given early release on compassionate
grounds; for example, in Cambodia
prisoners over the age of 65 are
| 25
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