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The Challenges of Overcrowding and Correctional Programming By Maicibi Alhas , (Ph D) Research and Policy Development Ad

The Challenges of Overcrowding and Correctional Programming By Maicibi Alhas , (Ph D) Research and Policy Development Advisor UNAFRI Being a plenary paper On occasion of ACSA Biennial Conference, Accra Ghana, 13 – 17 th September 2010. Introduction /conceptualisation.

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The Challenges of Overcrowding and Correctional Programming By Maicibi Alhas , (Ph D) Research and Policy Development Ad

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  1. The Challenges of Overcrowding and Correctional Programming By MaicibiAlhas, (Ph D) Research and Policy Development Advisor UNAFRI Being a plenary paper On occasion of ACSA Biennial Conference, Accra Ghana, 13 – 17th September 2010

  2. Introduction /conceptualisation Prison facilities in Africa are populated at various stages. Some are operating at below capacity, at optimal capacity; others are brimming, congested, crowded; while many more are overcrowded.

  3. Prisons’ Population Description Chart Cell Dormitory above above 21 69% overcrowding 201 20 200 16 77% crowding 159 15 150 13 83% congestion 121 12 120 11 88% brimming 101 10 91% optimal capacity 100 09% below capacity Prisoners’ population growth

  4. In ability for Prisons authorities to implement the following International instruments: • UN SMR (1957) especially rules 9-22 • International Concern on civil and political rights (1966) • Universal Declaration of Human Rights (1984) • Tokyo Rules on Non Custodial Measures • The Body of principles for protection (1988) • The Basic Principles for the treatment of prisoners (1990)

  5. International Instruments Con’d In the context of Africa: • The Kampala Declaration on prisons conditions in Africa (1996) • The Arusha Declaration on good prison practice (1999) • Lilongwe Declaration on accessing legal Aids. • The Ouagadougou Declaration on accelerating penal and prison reform (2002) * That all stress on standards for more humane treatment of offenders, and better administration of the facilities.

  6. Success of any prison management is measured by: • Acceptable condition of detention • High turnover of inmates • Least incidents of violence, riots, jail jumps and prison breaks attempts * Can these be achieved with the overcrowding in our prisons?

  7. What they say about our prisons: - South Africa: As at September 2004, our prisons that were built to house 113,825 prisoners, had 186,546 inmates (68% overcrowding). Prisoners are locked up for 23 hours a day with over burdened sanitary facilities- Judge Bertesmann.

  8. Nigeria: • Nigeria prisons are experiencing over congestions. The country’s 277 prisons now house about 45,000 inmates in largely abysmal condition that are unfit for humans. 45% of inmates have never seen the insight of a court – BayoOjo (01/02/06). • Nigeria: Nigerian prisons are not fit for human habitation – Senate Committee on Interior (11/08/08 – This Day Newspaper).

  9. Mozambique: Outdated legal codes lead to prison overcrowding. The penal code was last revised in 1986. The penal Procedural code dates 1929. Judges’ choice of incarceration for even minor offences result in overcrowding- Carino Abdul, Head of Mozambique Government Legal Reform Unit.

  10. Zambia: Zambian prison conditions endanger inmates due to overcrowding – African Press organization (27/04/10). Many remand inmates have spent 4 – 8 years in prisons – F.G.D with inmates (4 – 5th /08/10). ZPS now operates at 173% of capacity - ZPS Audit Report, 2009.

  11. Kenya: The Nairobi Remand Prison has a capacity of 600, but currently houses an average of 3,000 persons. Kenya has 86% of bailed prisoners who can not afford to pay; only 6% could hire a lawyer (PRI – 13/08/2010)

  12. Ghana In St James Fort Prison, Court granted bail to 65 – 75% of the 650 inmates, but only 07% had legal representation, with only 115 with money to pay a surety to a court for their future appearance-Ghana.

  13. Madagascar: Madagascar: of 12,400 inmates 28% have been in remand for 5 years.

  14. Malawi: The Mzuzu prison has a capacity of 100 but houses over 500 daily. This is a 500% overcrowding (capacity operation/occupation)- PRI, 13/08/10.

  15. Uganda: Currently, prison cells in Ugandan prisons are beyond their capacity because of unconcluded cases of remand suspects. There are 33,000 in a capacity of 13,700 inmates – Richard Butera, Director of DPP (Alshahid News of 2/04/10).

  16. Tanzania: The situation of prisons in Tanzania is terrible …. a lot is to be done to see that inmates are treated as human beings – President Kikwete (May 5th 2006). The country needed 156 as against the current 122 prisons which hold 45,000 against 22,699 inmates.

  17. Cameroon: Prisons conditions in Cameroon fuel escape attempts. Cameroon has over 70 prisons housing over 24,000 inmates with over 50% as pre-trial detainees – Official government statistics (11/09/08). The Newbell Central prison, Duoala contracted in 1935 for 800, now houses 3,500 inmates.

  18. Zimbabwe: At least two inmates die everyday from hunger and diseases at Chikurubi prison in Harare. Over 720 male prisoners have succumbed to severe hunger and treatable diseases indicating the extent of collapse of the prisons system. Few females die – Zimbabwe Association for Crime Prevention, CaiphasChimbete (20/05/09).

  19. Ghana: By 2008, Ghana’s prisons had 13,847 in a facility designed to hold only 1/3 of that number. Of the 13,847, about 31% are remand inmates. As at 2009, the Nsawam medium security prison had 3,000 inmates against the 717 capacity with 57% as remand inmates- PRI ( 13/08/10). “Prisons in Ghana, a miserable place to be,” IshastuTsikata and Geeman – ex – prisoners (29/01/10).

  20. Overcrowding, not an exclusive preserve of Africa • Europe prisons on average operate at 130% of official capacity • US operates on 107% of official capacity • Asia operates on 68% of official capacity with Bangladesh operating on 288% of official capacity.

  21. Impact on prison programing and service delivery * The UMSMR addresses prisons concerns regarding classification / separation, hygiene, clothing and bedding, food, exercise and sports, medical services, discipline and punishment, communication, education, information, etc. * To what extent are the African Prison Services adhering to these?

  22. Institutions’ statements • Overcrowding is one of the most serious problems confronting the criminal justice system in Africa – Prison Fellowship International – accessed 20/08/10 • Most Africa countries are experiencing a problem of prisoners overcrowding which makes it very difficult to implement International Instruments – UNAFRI, 2009.

  23. * The population of inmates in a prison is made up of : convicted and unconvicted • African prisons house a large percentage of the remand inmates. Example: Madagasca (30%), Ghana (30%), Kenya (42%), Nigeria (56%), Uganda (55%), Burundi (58%), Cameroon (58%), South Africa (40%) etc. • Acceptable ratio is 20:80 = unconvicted : convicted.

  24. What inmates say, verbatim, on their detention condition: Food: • We eat two bad food a day • Any Lizard that ventures into the dormitory is a prized meat. • I was not eating ‘kapenta’ but it is the best I have now. • We breath in turns. • You must ‘give in yourself’ for more food (homosexuality) and air. Health: • The services we get here are skin diseases/ contagious diseases, TB, HIV, Scabies, Cholera, etc. • Panadol is always served to treat stomachache, malaria, cholera and swollen legs. • Lice is a necessary gift you must accept in the cells. • Air is a scarce resource

  25. Clothes: • We borrow friends’ clothes when ours is washed • We remain naked to dry up our clothes • You give in yourself to get another pair. • We sleep naked without covering, (blanket, sheet) Accommodation: • Headboys/elders/rich ones enjoy prisons and will always come back when released. • We, the poor sleep on ‘pipelines’ • We sleep like sardines • We sleep in turns • We sleep in reversed order • We sleep on bare floor • We are mixed with mad and AIDS people

  26. * If you want more of the above you must give money or become a ‘wife’ to your fellow inmates or the staff.

  27. Impact cont’d • Life skill trades • Inadequate tools to learn and practice • Inadequate teachers to teach and demonstrate • Inadequate space to teach/learn • Inadequate re-entry preparations; more recidivists • Sports / exercise • Inadequate fields/space • Inadequate balls • Inadequate coaches • Inadequate supervision * Swollen legs * More deaths in prisons

  28. * Education: • Inadequate classrooms and Labs • Inadequate teachers • Inadequate books and teaching aids • Inadequate teaching and learning * Poor grades; inadequate re-entry preparations; recidivism, overcrowding. * Incapacitation

  29. Feeding: • Inadequate food (quantity/quality). • Inadequate cooks • Inadequate water to drink • Inadequate nutrients in the body • Weak immune system * More deaths in prisons

  30. But why is it that we have high number of inmates? * Let us take some null hypotheses: • Longer sentences deter committal of crime • Shorter sentences do not deter committal of crime • Good prison conditions breed recidivism • Corruption not congestion that causes poor service delivery • Congestion not corruption that causes poor service delivery

  31. Causes and Solution to overcrowding * The causes are more exterior to prisons; and so should be the solution. The prison facility tree is the summary of this paper.

  32. Prisons Facility Tree Inability for proper containment Corruption Diseases Army of remand inmates Jail violence/riots Inadequate programming Poor service delivery Overcrowding Court decisional delays Recognition and Funding Corruption The burden of prove Neglect of restorative justice Closed prisons’ system Poor access to legal Aid Poverty NTA

  33. NTA • Emphasis on African justice system • Better crime prevention strategies • Mindful arrests and sentencing • Better diversion mechanisms • Working judicial system

  34. Concluding notes: * Overcrowding is not the cause of poor programming and poor service delivery; it is rather a symptom and a conduit. • Challenges in prisons have their causes external to the prison facilities. Thus solutions are to be located externally with the prisons authorities spear heading. • The Rehabilitative ideal as correctional programing is getting extinguished.

  35. Recommendations: * Open prisons: • Public • Police / Judges • Politicians *The NTA is the best way to fight overcrowding. * To kill a tree, cut and destroy its roots. * There must be an integrated correctional reform for probation, prisons and justice agencies – for co-operation and collaboration.

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