Pre-trial detention Globally, there are estimated to be at least 3.3 million people in pre-trial detention on any given day and approximately 15 million people are admitted into pre-trial detention over the course of a year. In some countries pre-trial detainees outnumber convicted prisoners.21 Women, ethnic and religious minorities and foreign nationals are often overrepresented in pre-trial detention. Pre-trial detainees often spend months or years imprisoned before trial, sometimes spending longer in detention than those who have been convicted and often in worse conditions. Pre-trial detainees may have limited contact with other prisoners, additional restrictions on family contact, and fewer opportunities for healthcare and vocational or job programmes. The impact of detention before trial is often underestimated. As with convicted prisoners, pre-trial detainees can lose their family, their jobs and their homes during the course of their detention.22 They face the same harmful social, economic, physical and psychological consequences, and are just as likely to be stigmatised or criminalised as a result of their imprisonment. Crucially however, pre-trial detainees are often not afforded the same services and opportunities as those who have been convicted. They are usually excluded from rehabilitation programmes and it can be difficult for prison administrations to assess and plan for their needs. Prison authorities may not feel that it is their responsibility to provide training and education to pre-trial detainees, instead prioritising the custody and rehabilitation of convicted prisoners. The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has found that ‘discriminatory treatment suffered by pre-trial detainees, who may be held longer than some convicts, has been justified by the heads of some facilities on the grounds that their guilt being not yet proven, there is less responsibility and obligation, and consequently less resources, allocated to care for them’.23 Pre-trial detention should always be used as a last resort and for the shortest possible time. Alternative, non-custodial measures should always be considered, particularly for those suspected of minor offences. However, when pre-trial detainees are held and particularly when their detention is prolonged, prison authorities must offer them opportunities for purposeful activity, including services and activities that are available to convicted prisoners. There are many ways to achieve this, including through short or modular courses and informal learning opportunities. The Nelson Mandela Rules also state that untried prisoners should always be offered the opportunity to work and that if they choose to work, they should be paid for it.24 10 | Penal Reform International and Thailand Institute of Justice | Guide to the rehabilitation and social reintegration of women prisoners