Beruflich Dokumente
Kultur Dokumente
Number 2
June 2005
In this edition of the newsletter we focus on prison staff and the administration
of prisons. We have placed a particular emphasis on recent developments in
staff training.
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Contents
(click on the title to go directly to the individual articles)
Introduction
Prison Administration
Ministries of Justice
Armenia
Staff Training
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Introduction
These newsletters are intended to complement the ICPS handbook A Human
Rights Approach to Prison Management. The handbook dealt with all the
major issues of prison management within a human rights context. It was not
possible in a single volume to deal in detail with all the complex issues
involved and we frequently get requests at ICPS for further clarification and
for advice about how to apply the general principles in the daily work which
people do in prison. This series of electronic newsletters will deal with the
issues which correspondents have raised about the topics covered in the
handbook.
The first issue of the newsletter dealt with the judicial and monitoring
processes which help to define how human rights standards are to be applied
in prisons. The current issue explores matters to do with prison staff and with
the administration of prisons.
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Ministries of Justice
National prison systems are usually hierarchical and highly disciplined. This
means that real reform must extend beyond individual prisons and must
include the way the national system is organised. Over the last 30 years the
Council of Europe has grown from 15 member states to its present number of
46, stretching from the Atlantic to the Pacific Ocean. In many of the countries
of Eastern Europe prisons were traditionally the responsibility of the Ministry
of the Interior. This was because they were linked closely with the
investigative process and with police, as well as being part of the repressive
mechanism of totalitarian governments. One of the requirements imposed by
the Council of Europe when new member states joined was that the
administration of prisons should be transferred from the Ministry of the Interior
to the Ministry of Justice. The reason for this was to emphasise that prisons
should be part of the civil rather than the military structure, that they should be
clearly separated from the police and that there should be a clear link with the
judicial process. This transfer has taken place progressively in new member
states over the last 15 years.
The same principles apply in other regions of the world and it is now quite
common for prison administration to be located within the Ministry of Justice
or its local equivalent.
Armenia
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Libya
In March 2005 the Libyan government re-organised responsibility for its prison
administration. Previously the prison administration came under the Ministry
of Justice and Public Security. A separate Authority of Judicial Police has now
been established with responsibility for prisons. This new authority is part of
the Ministry of Justice and is independent of the police, who remain under the
Ministry of Public Security.
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Central Asia
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Russia
Russia joined the Council of Europe in 1996 and two years later responsibility
for the management of prisons was transferred from the Ministry of the Interior
to the Ministry of Justice. An important feature of the Russian reforms was
that this change did not happen in isolation. Instead, it was part of a much
wider programme of criminal justice reform, which has come to be regarded
as a model for the region. There were important changes in penal legislation
throughout the 1990s, one of the most important of which was the transfer of
decision making, from the prosecuting and investigating authorities to the
judiciary, about whether an accused person should be placed in pre-trial
detention. Prosecutors and judges were closely involved in discussions about
the reforms and they were explained in the press. The Russian authorities
were quite clear that one of the outcomes expected from these reforms was a
significant reduction in the very high rate of imprisonment and this is now
happening. In 1998 the rate of imprisonment in Russia stood at 688 per
100,000 of the population and by the beginning of 2005 it had fallen to 532. A
large proportion of this reduction occurred in the pre-trial prisons where there
had previously been the greatest overcrowding and the worst conditions.
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California
Changes have also been considered in other jurisdictions where there are
different arrangements for prison administration. For example, the Senate of
the State of California has recently passed a Corrections Reform Bill which
introduces a series of reforms to prison administration. One of the main
provisions is a re-structuring of the administration under a new title of
Department of Corrections and Rehabilitation. An effect of this will be to put
rehabilitation on an equal footing with the custodial aspect of imprisonment.
The introduction of a focus on rehabilitation reflects growing concern at the
failure of the current corrections system with its high rate of re-offending (and
consequent cost to the state budget).
Other proposed reforms include a move away from the political appointment
of prison wardens (directors). Under the new legislation the appointment of
wardens will be subject to confirmation by the independent Inspector General
of Prisons who will also undertake formal review of correctional facilities on a
regular basis.
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Chile
The fact that responsibility for prison administration lies within the Ministry of
Justice does not of itself guarantee an observance of human rights in prisons.
It is also necessary to have a clear strategy for their implementation. For the
last four or five years, the government of Chile has been developing a wide
programme for criminal justice reform. This has included work within the
prison administration (Gendarmería de Chile) on drawing up a set of
operational processes to support the implementation of internationally agreed
human rights standards in prisons. A headquarters planning team has
developed a model for action which has been piloted in a number of regions
with a view to eventual implementation throughout the whole country.
We see our work in a different way now that we understand the human
rights standards. We interact with prisoners in a different way.
Captain in a prison in Valparaiso.
This is the first time in my career when all the staff of a prison have
come together to debate the management of the prison based on the
human rights standards. It is very good.
Regional Director when attending the evaluation of the pilot project in
one of his prisons
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Burkina Faso
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Staff Training
The full contribution which our prisons can make towards a permanent
reduction in the country’s crime-rate lies also in the way in which they
treat prisoners. We cannot emphasis enough the importance of both
professionalism and respect for human rights.
Nelson Mandela, speaking at the official launch of the re-training and
human rights project of the South African Department of Correctional
Services, (Kroonstad, 25 June 1998)
In many countries prison staff are a forgotten group of public servants. They
carry out their work behind the high walls or fences of prisons, unseen by the
public, with little attention paid to them unless things go wrong. In fact their
work is highly important to the safety of the public and to the future wellbeing
of society. For these reasons, certain principles need to be applied:
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In summer 2004 Serbia and Montenegro opened its first prison training
academy in Nis. This is part of an ongoing prison reform programme and is
one of the areas of priority development for the mission set up by the
Organisation for Security and Cooperation in Europe (OSCE).
Before the OSCE mission was set up in 2001, prison staff did not receive any
specific training. Since 2001 OSCE has worked with the Ministry of Justice to
provide training courses to almost 500 prison guards. The new staff academy
is part of a Prison Training Action Plan agreed between OSCE and the Justice
Ministry. It is run by local trainers using a training curriculum which was
developed by Serbian officials supported by international consultants.
During 2003 the OSCE was also involved in providing training for prison staff
in Montenegro on drug abuse among inmates. More than half the country’s
prison officers completed a ten-day training programme designed to help
them identify and deal with the different types of drugs used by inmates.
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In April 2004 the Afghan Ministry of Justice began a training programme for
prison staff with support from the UN Office on Drugs and Crime. UNODC is
the lead agency in implementing reform within the justice and penal system in
Afghanistan.
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Brazil
Prisons in Brazil are among the most violent and lawless in the world. The
national media carries regular reports of murders and riots within prisons. The
challenge which faces staff to bring a degree of safety, humanity and dignity
into prisons seems almost impossible. Yet efforts are underway to improve
the situation.
The director of the staff training school and two trainers were involved in the
project and they redesigned training courses and developed new ones which
as a result of learning from the project.
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During 2004 the Comisión Episcopal de Acción Social (CEAS) in Peru began
a series of workshops for prison staff based on increasing awareness of
international human rights standards and on developing a practical response
to the problems faced by the country’s prisons. As well as national seminars
CEAS is also developing a more detailed programme in four of the country’s
provinces.
In April 2005 CEAS ran a series of national and regional workshops focusing
on the role of prison staff in the reform process and on conflict resolution.
The work of CEAS has been formally recognised by the prison administration
(INPE). A representative of the Commission has also been appointed to the
recently established ministerial commission set up to review the prison reform
process.
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Ethiopia ICRC
The International Committee of the Red Cross has had a continuous presence
in Ethiopia since 1977. Over the last ten years its work has had a particular
focus on the issues arising from armed conflict with Eritrea and from internal
armed conflict and disturbances.
As part of its work, ICRC has worked with regional prison officials to provide
intensive workshops for prison staff. In August 2004 they completed their
initial nationwide training programme for prison directors, and heads of
security, health, and administration. The training was based on internationally
recognised detention standards and on the ICRC’s own reports on prison
conditions in Ethiopia. In November the ICRC began a second, more
advanced training course.
In order to help with its work with prison staff in Ethiopia, ICRC arranged for
the handbook ‘A Human Rights Approach to Prison Management’ to be
translated into Amharic.
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Moldova
In May 2003 the Geneva based Association for the Prevention of Torture
(APT) organised a workshop for officials from the Moldovan Penitentiary
Department and from 12 detention centres.
The main purpose of the workshop was to explore the issues raised in the
report of the Council of Europe’s Committee for the Prevention of Torture
(CPT) visit to Moldova in 2001. The issues were considered under three
broad headings:
• health care
• staff training
• detention regime.
Following further discussion with the prison authorities and with CPT, the
Association produced a Plan of Action to Improve Prison Conditions in
Moldova which was formally adopted by the Moldovan authorities at the end
of 2003 in Government Decision No. 1624. Many of the issues raised in the
Plan of Action have been incorporated into the government’s ten-year plan for
the reform of the penitentiary system (Plan of Measures for the Reform of the
Penitentiary System 2004-2013).
The Plan of Action developed by the APT sets out five main objectives
including improving the training and enhancing the status of prison staff. This
is seen as crucial if the conditions of detention in the country are to be
improved.
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OTHER NEWS
International Committee of the Red Cross
In the first edition of the newsletter we focused on the different international
and national mechanisms for monitoring conditions of detention. In the review
we omitted the work of the International Committee of the Red Cross (ICRC)
The Geneva Conventions give ICRC delegates the formal right during
international conflict to visit places where prisoners of war and civilian
detainees are held. The Geneva Conventions also encourage states to allow
similar access to the ICRC during non-international armed conflicts and
situations of internal violence. In practice many states allow this access.
The conditions under which victims of internal violence are detained are often
the same as for other prisoners and the work of the ICRC has a broader
impact than its formal remit suggests, as can be seen in the example of
Ethiopia described above.
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At the end of January 2005 the Executive Council of the African Union,
meeting in Abuja, decided to refer that decision to link the two courts for
further consideration in order to avoid prejudicing the introduction of the
human rights court. The Council agreed that the Permanent Representatives
Committee and Legal Experts should re-examine the issue and submit a
recommendation to the 7th Ordinary Session of the Executive Council for
consideration in July 2005.
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At the beginning of June 2005 the Optional Protocol had gathered almost half
the necessary ratifications with nine countries having ratified or acceded to it.
Those countries are:
Once the Optional Protocol comes into force it will trigger the establishment
and operation of the sub-committee which will be responsible for the
programme of international visits to monitor conditions in all places of
detention in the states which are party to the Protocol.
Countries that have ratified the Protocol are required, within twelve months of
it coming into force, to put in place national preventive mechanisms which will
work alongside the international monitoring mechanism. The Optional
Protocol takes a broad view of the form that these national mechanisms might
take but, for the first time, it sets out criteria and safeguards for their
independent operation.
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The handbook has also now been translated into Albanian and Armenian. The
translation into Albanian was produced with the support of the Swedish
Helsinki Committee and was launched in Tirana in early May. The Armenian
translation was sponsored by Penal Reform International.
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The book was first published in 2002 and was based on a project looking at
recent experiences in the management of prisons and prison systems in five
different European prison administrations. The objective of the book was to
describe, explain and analyse successful changes in each of the countries
involved and to identify those which had not been successful. The book
examines the different stages of change in the five prison systems and
considers what lessons can be learned from the way they are managed.
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From our experience in working in prisons around the world and from
discussions with other bodies working in this field, we have come to the
conclusion that there a number of clearly identifiable problems which are
consistently present in the prison setting. In all countries at least one of these
problems will be present; in some countries there will be several of them; a
few countries will face most of them.
The Guidance Notes describe the most common issues which are likely to
trigger prison reform projects. The Notes set out under different headings
what is known about a topic and how best it might be addressed. A wide
variety of sources have been used, including the work of intergovernmental
human rights bodies, many governments, individuals and non-governmental
organisations which have carried out prison reform projects, and evaluations
carried out by universities and other bodies. Wherever possible, examples are
provided, not only of the problems which can be encountered, but also of
good practice from which others can learn. There is also a brief bibliography
of some key reference texts. The Notes are presented in loose leaf format so
that each one can be used on its own.
8-10 cover various aspects of prison management and suggest how they
can be improved
The Guidance Notes try to hit a balance between identifying general principles
which can be applied in all geographical and cultural settings, while at the
same time providing practical examples which can be applied in different
environments. The hope is that they will provide useful reference points for all
those involved in prison reform.
The Guidance Notes were launched in January 2005 by the UK Foreign Office
Minister responsible for Human Rights. They are available from ICPS and can
also be downloaded electronically from our website www.prisonstudies.org.
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