UN reports mortality rates for people in prison as much as 50 percent higher than wider community

The United Nations High Commissioner for Human Rights published a report in September 2019 on the administration of justice and human rights analysing violence, death, and serious injury in situations of deprivation of liberty.

In this blog, Aldyen Krieger, PRI’s Policy Intern, evaluates the primary drivers behind the high exposure to violence and increased mortality rate of persons deprived of liberty in reference to the report’s findings. She continues to link the report’s findings to the responsibilities enumerated in the Nelson Mandela Rules and specifically highlights Penal Reform International’s (PRI) contribution to discussions of self-harm and life sentences.

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While a high degree of violence, serious injury and death in custody has a long-documented precedence in penitentiary systems, recent reports suggest, troublingly, that the number of these incidences are further increasing in many countries across the globe. The lack of a comprehensive analysis of the causes of this increase in violence in prisons presented a gap in United Nations literature, until the publishing of this report. Considering the worsening figures, in view of the obligations enumerated in core international human rights instruments, particularly the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), this report by the Office of the UN High Commissioner for Human Rights (OHCHR) is published at a judicious time and presents crucial opportunity for intervention and reform.

The 2019 Human rights in the administration of justice report, if used effectively, ought to serve as an integral document in the toolkit towards ensuring “the safety of prisoners, staff, service providers and visitors at all times” as enshrined in the Basic Principles of the Nelson Mandela Rules.[1] Through understanding the most prevalent causes of violence, death, and serious injury in prison systems, and implementing the best practices and recommendations outlined in the report, States can work towards the overarching goal of “[treating prisoners] with respect for their inherent dignity and value as human beings”.[2]

In this blog I will provide a brief overview of the main findings of the report, particularly highlighting the human rights implications of self-harm and life-sentences as PRI contributed significant input to these sections.

Mortality rates are high in detention and have been shown to be as much as 50 per cent higher for prisoners than for people in the wider community.^[3]

In the writing of this report the OHCHR works backwards from the statistic that exposure to violence and the mortality rate of persons deprived of liberty are much higher than that of the general population. The report indicates three major causes of the heightened levels of risk are (1) vertical, (2) horizontal, and (3) environmental.

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The report begins by examining vertical causes of violence, deaths and serious injury resulting from the actions of state agents (corrections officers, police officers, prison officials, etc.) which include:

(1) torture, ill-treatment and sexual violence

The report maintains that persons deprived of liberty are most vulnerable to physical violence in the early stages of detention, as staff may use violence to compel a confession and assert control. Particularly highlighted due to their increased risk of torture and ill-treatment are children, persons who use drugs, female prisoners, and lesbian, gay, bisexual, transgender and intersex persons.[4] [5] [6] [7]

(2) use of force

Use of force, including excessive use, is cited as a common cause of death and serious injury for persons deprived of liberty. The Basic Principles dictate that force should not be used except when strictly necessary to maintain security or when personal safety is threatened. Regaining control after a riot through force, the use of chemicals irritants (ex. tear gas, pepper spray), and the use of restraint instruments and positions present a serious risk of serious injury and death to persons who are imprisoned. [8]

(3) sentencing

The number of prisoners serving life sentences increased by 84 per cent between 2000 and 2014, with their number amounting to close to 480,000 worldwide.^[9]

The death penalty and life sentences were also flagged as a source of physical and psychological violence. People on death row are at particular risk of violence, as the Special Rapporteur on torture found that “death row violated the prohibition of torture, inhuman, or degrading punishment, due to, inter alia, the prevailing harsh treatment and conditions of detention”.[10]

Similarly, life sentenced prisoners are at increased risk of health-care neglect, general ill-treatment and excessive use of force by prison authorities. Aside from the significant impact on the physical health of prisoners, life sentences greatly deteriorate prisoners’ mental health, often resulting in instances of self-harm due to prisoners’ perceived lack of control and loss of identity.[11]

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The OHCHR goes on to outline inter-prisoner violence resulting in deaths and serious injury.

Horizontal causes are organised in the report by:

(1) forms of inter-prisoner violence

(2) contributing factors

(3) violence against prison staff

Inter-prisoner violence constitutes an important cause of death and serious injury of persons deprived of their liberty, representing in some contexts over 17 per cent of deaths in custody.^[12]

Firstly, gang-activity and ethnic tensions are listed as recurrent causes of inter-prisoner violence.[13]

Inter-prisoner violence also encompasses the prevalence of sexual violence against frequently persecuted groups within detention centres.[14] Prisoners more likely to be targeted, such as women and girls when not detained separately from men and boys, LGBTI detainees, and those with mental health problems, sometimes exchange sexual favours for protection. Similarly, persons with disabilities are also regularly subject to violence from other prisoners due to their perceived increased susceptibility.

When violent incidents do take place, the lack of adequate investigations and accountability create a detention environment that contributes to continued inter-prisoner violence within the facility. The report continues that tolerant attitudes towards inter-prisoner violence by staff, overcrowding of prisoners, understaffing, lack of work and educational opportunities for prisoners and lack of segregation between likely conflicting categories of detainees encourages further horizontal violence. In many cases, these conditions lead to a situation where prisoners de facto manage the prison, rather than state authorities, resulting in extreme violence. The report also mentions violence against prison staff, as fear of reprisals from gangs outside of prison can result in staff condoning inter-prisoner violence.

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The report continues to analyse the environmental factors that contribute to violence, deaths, and serious injury, pointing specifically to:

(1) conditions of detention facilities

(2) self-harm of prisoners

(3) lack of adequate access to health care

Studies have found that the risk of suicide is three times higher for male prisoners and nine times higher for female prisoners than the general population.^[15]

In overcrowded detention facilities disease often spreads quickly due to poor hygiene, sanitation and insect and animal infestation.[16] Denial or insufficient provision of food and water also exacerbate the problem. [17]

Although, the most common cause of death in correctional settings, the report asserts, is self-harm.[18] Between poor conditions, an inadequate number of mental healthcare professionals, a lack of training on mental health for both staff and prisoners alike, and the lack of attention towards persons requiring special protections, self-harm is prevalent.[19] In sum, detention facilities often fall short of their duty to uphold their detainees right to health and equal access to preventative, curative and palliative health services.

The report maintains that healthcare service decisions that ought to be made by independent public health actors are more regularly made by penal-oriented administration. This results often in underfunding, understaffing and a lack of prison health policy, resulting in poor access to healthcare.

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The OHCHR ultimately concludes by arguing that through accountability and good practice, the problem of violence, deaths and serious injury in situations of deprivation of liberty can be addressed. States are capable of meeting the heightened duty of care they assume in detaining a prisoner by instituting the proper complaints mechanisms, (2) facilitating prompt, impartial, thorough, transparent and independent investigations, and (3) collecting data to improve oversight, investigate trends, and hold perpetrators to account. Moreover, the report asserts that preventive measures, such as specific training of detention facility personnel[20] and effective, transparent, and responsible management and operation, can address violence, deaths and serious injury in detention facilities.

Encouragingly, in September 2019 the UN Human Rights Council took on the recommendations of this report and in their resolution on Human rights in the administration of justice to reduce the instances of violence, death and serious injury in situations of deprivation of liberty.

There are two recommendations I want to highlight:

• One calls upon for proper file and data management system on prisoners that allows the tracking of the number of persons deprived of their liberty, their detention period, offences or grounds for detention, and developments regarding the prison population, and encourages States to collect, compile and analyse other up-to-date, comprehensive and disaggregated data about the circumstances and causes of violence, death and serious injury in situations of deprivation of liberty

Record-keeping is a key safeguard against human rights abuses in prison systems. In keeping detailed records, States can fulfil their responsibilities as outlined by international standards towards those in their care. In instances where violence, death, and serious injury occur, accurate and detailed records allow for an independent, impartial, prompt and effective investigation to take place.[21]

• The second calls upon States to review penal policies, including sentencing policies, practices and guidelines, in line with the principle of proportionality that can contribute to overincarceration and overcrowding including with regard to life imprisonment sentences. And secondly PRI welcomed the recommendation that States should review penal policies, including sentencing policies, practices and guidelines, in line with the principle of proportionality that can contribute to overincarceration and overcrowding including with regard to life imprisonment sentences

This was significant as previously mentioned, life imprisonment is on the increase: The number of prisoners serving life sentences increased by 84 per cent between 2000 and 2014, with their number amounting to close to 480,000 worldwide.

In embracing these recommendations, States have the capacity to better understand the true circumstances of a portion of the population that is often obfuscated by stigma. Through this understanding, States can better protect the human rights of people imprisoned. Moreover, through the reviewal of current penal policies, States can reduce the number of individuals unnecessarily exposed, and at a risk of experiencing violence, death and serious injury in detention centres.

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More information

PRI has developed numerous publications and tools to assist in the reduction of instances of violence, death and serious injury in prisons. For a detailed examination of on serious incident management and independent investigations in prison systems, see our Detention monitoring tool. Additionally, to better understand how prison affects the mental health of those imprisoned see our Short guide for Prison Staff and our Special Focus section in the 2019 Global Prisons trend report.

 

 

 

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[1] United Nations Standard Minimum Rules for the Treatment of Prisoners, Rule 5.

[2] Ibid, Rule 1.

[3] See A/HRC/38/36; submission of Penal Reform International.

[4] See below for recent developments:

Belgium – New report breaks the silence on abuses by prison guards – https://www.brusselstimes.com/all-news/belgium-all-news/justice-belgium/57766/new-report-breaks-the-silence-on-abuses-by-prison-guards/

US – Florida Women’s Prison Corrections Officer Promoted Despite Accusations of Abusing Inmates and Trading Cigarettes for Sex https://www.newsweek.com/womens-prison-officer-keith-turner-promoted-despite-accusations-sexual-abuse-1469371?fbclid=IwAR3AuGxp0XxOZhvDAOtAR9RB-_4uzS9OB1hJk9jIhn5lwaQ_IzcBGWg08Rg

[5] US – Documentary Exposes Rape Allegations at Louisiana Jail https://usa.inquirer.net/42725/documentary-exposes-rape-allegations-at-louisiana-jail

[6] Europe – Preventing and Addressing Sexual and Gender-based Violence in Places of Deprivation of Liberty: Standards, Approaches and Examples from the OSCE Region https://www.osce.org/odihr/427448 (see also security and violence)

[7] Turkey – LGBT+ in Turkey’s prisons: A double punishment https://www.dw.com/en/lgbt-in-turkeys-prisons-a-double-punishment/a-50345186

[8] Guatemala – At least 17 killed, 7 injured in shooting at Guatamala prison – https://www.voanews.com/a/at-least-seven-killed-seventeen-injured-in-shooting-at-guatemala-prison/4908408.html

Brazil – 57 inmates killed in spate of prison riots in Brazil – https://edition.cnn.com/2019/05/27/americas/brazil-prison-deaths-intl/index.html

Tajikistan – ‘Dozens’ killed in riot at Tajik high-security prison – https://www.bbc.co.uk/news/world-asia-48332969

Afghanistan – Clashes in Afghan prison leave four dead, dozens injured – https://www.euronews.com/2019/05/14/clashes-in-afghan-prison-leave-four-dead-dozens-injured

[9] Submission of Penal Reform International.

[10] See A/67/279.

[11] PRI contributed significantly to this section of the report, using much of the data presented in Van Zyl Smit and Appleton’s recent comprehensive study, Life Imprisonment: A Global Human Rights Analysis. We would also encourage interested readers to look at our Life Imprisonment policy briefing https://www.penalreform.org/resource/life-imprisonment-a-policy-briefing/

[12] Submission of the International Bar Association’s Human Rights Institute.

[13] Recent examples:

Philippines – Gang riot in overcrowded prison in the Philippines turns deadly https://www.aljazeera.com/news/2019/09/gang-riot-overcrowded-prison-philippines-turns-deadly-190930045152121.html

Ireland – Gang feuds and staff shortages blamed for prison assaults – https://www.irishtimes.com/news/crime-and-law/gang-feuds-and-staff-shortages-blamed-for-prison-assaults-1.3960733

[14] For further discussion of sexual and gender-based violence please see: Preventing and Addressing Sexual and Gender-based Violence in Places of Deprivation of Liberty: Standards, Approaches and Examples from the OSCE Region https://www.osce.org/odihr/427448

[15] Submission of Penal Reform International.

[16] PRI has published a 10 point plan to address prison overcrowding: see here https://cdn.penalreform.org/wp-content/uploads/2013/05/10-pt-plan-overcrowding.pdf

[17] Examples of poor prison conditions leading to violence, death and serious injury:

Bahamas – Bahamas prison ‘not fit for humanity’ – https://barbadostoday.bb/2019/05/27/regional-bahamas-prison-not-fit-for-humanity/

Liberia: Prisoners are often crammed into cells, lack access to regular meals, clean drinking water and medicine, and often rely on family members to bring food on visits. Liberian Observer, 18 July 2019

[18] Please see our Special Focus Section in GPT 2019 on how prison can impact the mental and physical health of prisoners: https://cdn.penalreform.org/wp-content/uploads/2019/05/PRI-Global-prison-trends-report-2019_WEB.pdf

[19] Please see our handbook for prison staff on the mental health of prisoners: https://www.penalreform.org/resource/mental-health-in-prison-a-short-guide-for/

[20] Please see our handbook for prison staff on the mental health of prisoners: https://www.penalreform.org/resource/mental-health-in-prison-a-short-guide-for/

[21] For further information on serious incident management and independent investigations in prison systems, see our detention monitoring tool here : https://cdn.penalreform.org/wp-content/uploads/2018/06/PRI_DMT_Incidents_Factsheet_WEB.pdf