Prison overcrowding is one of the most challenging problems faced by criminal justice systems worldwide; a problem that persists in spite of falling crime rates and extensive prison construction programmes.

In Europe, prison populations are on average 130 per cent of official capacity;¹ in the US the figure stands at 107 per cent. However, in Bangladesh, prison populations stand at 288 per cent of official capacity – the highest rate in South Asia.² In Kenya, the rate of prison overcrowding is the highest in the world, with prison occupancy at 337 per cent of capacity.³ 

Prison overcrowding is a consequence of criminal justice policy, not rising crime rates. The over-use of pre-trial detention, along with strict sentencing practices, are just two contributory factors. In Latin America and Africa, almost half the prison population are awaiting trial; in South Asia, this proportion rises to as much as 65 per cent.⁴ Imprisonment is increasingly being used for minor and petty offences. The mentally ill and drug users are far more likely to be detained in prison than in an appropriate care institution.

Overcrowding undermines the ability of prison systems to meet the basic needs of prisoners, such as healthcare, food, and accommodation. It also compromises the provision of rehabilitation programmes, educational training, and recreational activities.

International Standards

Prison overcrowding endangers the basic rights of prisoners, including the right to an adequate standard of living and the right to the highest attainable standards of physical and mental health. These are guaranteed by Article 25 of Universal Declaration of Human Rights and Articles 11 and 12 of the International Convent on Economic Social and Cultural Rights.

More specifically, the Standard Minimum Rules for the Treatment for the Prisoners (Rules 9-22) makes  provisions for prisoners with respect to accommodation, health care, ventilation, floor space, bedding, personal hygiene and room temperatures – all of which can be compromised as a result of prison overcrowding.

International standards also include provisions to militate against unlawful or unnecessary imprisonment. These apply in particular to prisoners under arrest or awaiting trial, children and the mentally ill. The United Nations Standard Minimum Rules for Non Custodial Measures states:

6.1 Pre-trial detention shall be used as a means of last resort in criminal proceedings, with due regard for the investigation of the alleged offence and for the protection of society and the victim.

6.2 Alternatives to pre-trial dentional shall be employed at as early a stage as possible. Pre-trial detention shall last no longer than necessary to achieve the objectives stated under rule 5.1 and shall be administered humanely and with respect for the inherent dignity of human beings.

6.3 The offender shall have the right to appeal to a judicial or other competent independent authority in cases where pre-trial detention is employed.

PRI’s work on prison overcrowding

PRI is addressing prison overcrowding by tackling the over-use of pre-trial detention and promoting alternatives to imprisonment.

PRI has actively promoted and supported the implementation of community service in Zimbabwe, which was introduced as an alternative to custody in 1995. The model has since been launched in many countries in Africa, Eastern Europe, the Caribbean, and other regions in which PRI works.

An international conference on community service orders, held in Zimbabwe in 1997, resulted in the Kadoma Declaration on Community Service Orders, signalling a growing consensus on alternative sanctions to imprisonment.

PRI’s Index of good practices in reducing pre-trial detention includes a 10-point plan to reduce prison overcrowding in Africa, which is promoted across the region and beyond. Recommendations include diverting minor cases from the criminal justice system, using alternatives to pre-trial detention, reducing sentence lengths and being more consistent in sentencing, as well as developing constructive alternatives to custodial sentences.

In Malawi, PRI’s Paralegal Advisory Service (PAS) has enabled prisoners to access bail and participate in non-custodial community service programmes. Terminally ill prisoners have been able to use the PAS to apply for early release on humanitarian grounds. Since its inception in 2000, the PAS has facilitated the relase of thousands of prisoners and helped divert 77% of juveniles held in police custody away from prisons. Our work on juvenile justice in the Middle East and North Africa region is similarly supporting the diversion of children from prisons.

The promotion of community mediation in countries across South Asia has helped to divert cases from formal criminal proceeding, thereby contributing to a reduction in the prison population. Following the implementation of community mediation in Bangladesh in 1999, more than 5,000 cases were resolved in one year. Open prisons have similarly been promoted in India to address prison overcrowding.

Under the Small Grants Programme, PRI has supported efforts to reduce the prison population in Russia; 350,000 prisoners were released in 2000 alone.

PRI Resources and Publications

Kampala Declaration on Prison Conditions in Africa

Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa

Index of good practices in providing legal aid services in the criminal justice system

Prison Overcrowding Poster

1. BBC news online, 'World Prison Populations', accessed 26 January 2007.
2. International Centre for Prison Studies World Prison Brief, 'Prison Brief for United States of America', accessed online 26 January 2007.
3. BBC news online, see reference in footnote 1.
4. BBC news online, 'Hope for India's remand prisoners', published 27 June 2006, accessed online 26 January 2007.