Against Prisons: Unterschied zwischen den Versionen

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One problem with a look at prisons in the real world is their enormous qualitative diversity. There are high class prisons in which inmates have space, medical attention, and a respectful social environment. But there are also locations in which imprisonment can easily be a veiled death sentence because of the considerable riks of not leaving the premises alive, be it because of diseases like HIV or tuberculosis or because of violence by guards or gangs (Stern 1999).
One problem with a look at prisons in the real world is their enormous qualitative diversity. There are high class prisons in which inmates have space, medical attention, and a respectful social environment. But there are also locations in which imprisonment can easily be a veiled death sentence because of the considerable riks of not leaving the premises alive, be it because of diseases like HIV or tuberculosis or because of violence by guards or gangs (Stern 1999).


A second problem is the inherent bias in the penological discourse when it comes to having an empirical look at the prisons of the world. Many researchers have either roots in the prison-industrial complex or they are dependent on the good-will of governments or private prison operators - all of which may make them lean towards the status quo. Moreover, most researchers look at their own countries and neighboring countries when it comes to prison research - and since something like an estimated 80% of all criminologists and penologists come from the USA, Great Britain, Canada, Australia, Germany, France, Italy, the Netherlands, Belgium or any of the other countries that make up the world's 36 richest countries, our knowledge about the prison system is likely to be biased in favour of generalizing conditions that are not typical for the system in general, but only for a privileged section of it. For any person to be a prisoner, though, chances are that he or she would not be imprisoned in of the 36 richest countries of the world, because their prisoners make up only a minority of all prisoners in the world (for a list of the richest and poorest countries cf. Pasquali 2015). Chances are, when you are a prisoner, that your prison is located in one of the poor countries like, e.g., Russia (wealth-rank 51 of a list of 185 countries), Romania (rank 61), China (83) or Egypt (96). If you are less lucky, your prison might be in one of the very poor countries such as the Philippines (118), India (125), Pakistan (134), Bangladesh (140), Haiti (166) or the Democratic Republic of Congo (185 out of 185).
A second problem is the inherent bias in the penological discourse when it comes to having an empirical look at the prisons of the world. Many researchers have either roots in the prison-industrial complex or they are dependent on the good-will of governments or private prison operators - all of which may make them lean towards the status quo. Moreover, most researchers look at their own countries and neighboring countries when it comes to prison research - and since something like an estimated 80% of all criminologists and penologists come from the USA, Great Britain, Canada, Australia, Germany, France, Italy, the Netherlands, Belgium or any of the other countries that make up the world's 36 richest countries, our knowledge about the prison system is likely to be biased in favour of generalizing conditions that are not typical for the system in general, but only for a privileged section of it. For any person to be a prisoner, though, chances are that he or she would not be imprisoned in of the 36 richest countries of the world, because their prisoners make up only a minority of all prisoners in the world (for a list of the richest and poorest countries cf. Pasquali 2015). Chances are, when you are a prisoner, that your prison is located in one of the poorer countries like, e.g., Russia (wealth-rank 51 of a list of 185 countries), Romania (rank 61), China (83) or Egypt (96). If you are less lucky, your prison might be in one of the very poor countries such as the Philippines (118), India (125), Pakistan (134), Bangladesh (140), Haiti (166) or the Democratic Republic of Congo (185 out of 185).


Given the number of prisoners in those areas of the world, it would clearly be unfair to leave them out of the picture when debating the merits and deficiencies of the prison as an institution of punishment. This is why we should look at both the rich and the poor countries. We should not close our eyes when it comes to horror stories (with "Attica" and "Carandiru" as the tips of the iceberg), and we should find out as much as we can about first-hand experiences in various prison systems (Dreisinger 2016; Whetter 2016). Once the link between the systemic structure of the prison and all those deficiencies and injustices has been established, we shall see more clearly that there is only one way of overcoming the inhumane and degrading conditions of confinement, and that is the abolition of prisons altogether.
Given the number of prisoners in those areas of the world, it would clearly be unfair to leave them out of the picture when debating the merits and deficiencies of the prison as an institution of punishment. This is why we should look at both the rich and the poor countries. We should not close our eyes when it comes to horror stories (with "Attica" and "Carandiru" as the tips of the iceberg), and we should find out as much as we can about first-hand experiences in various prison systems (Dreisinger 2016; Whetter 2016). Once the link between the systemic structure of the prison and all those deficiencies and injustices has been established, we shall see more clearly that there is only one way of overcoming the inhumane and degrading conditions of confinement, and that is the abolition of prisons altogether.
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=== Prisons in Poor Countries ===
=== Prisons in Poor Countries ===
In poor countries the same is true, but on a different scale. This is due to insufficient economic resources and the state‘s inability or unwillingness to secure even minimum standards of prison conditions. Because of the low salaries of prison employees, corruption is endemic. As a prisoner in a poor country, you will have a high likelihood of suffering from infectious diseases, from the lack of hygiene, from inadequate medical and psychological assistance, from unhealthy diets, and - most importantly - from lack of respect by undertrained and often incompetent, but bossy guards and semi-professionals. There are not many published reports detailling the psison conditions in poor countries. As a matter of fact, the UN Subcommittee on Prevention of Torture (SPT) has visited the prisons of many poorer countries, but only few of them has agreed to the publication of the reports. Consider the following report from a Latin American country (ranked 106 on Pasquali's list):
In poor countries the same is true, but on a different scale. This is due to insufficient economic resources and the state‘s inability or unwillingness to secure even minimum standards of prison conditions. Because of the low salaries of prison employees, corruption is endemic. As a prisoner in a poor country, you will have a high likelihood of suffering from infectious diseases, from the lack of hygiene, from inadequate medical and psychological assistance, from unhealthy diets, and - most importantly - from lack of respect by undertrained and often incompetent, but bossy guards and semi-professionals. There are not many published reports detailling the psison conditions in poor countries. As a matter of fact, the UN Subcommittee on Prevention of Torture (SPT) has visited the prisons of many poorer countries, but only few of them has agreed to the publication of the reports. What follows are a few excerpts from published reports, one each for an Asian country (ranked...), a Latin American country (ranked 106) and an African country (ranked 55):


Similar reports are available for some of the poorer countries in Latin America. Here is an example for a country ranked 106 on Pasquali's list:
:13. Despite some positive measures taken by the authorities to tackle the issue, torture and ill-treatment is prevalent in the country, primarily driven by the following alarming structural and systemic problems:
:55. Overcrowding remains a cause of concern. Tacumbú has capacity for approximately 1,200 inmates but houses far more than double that number. The Subcommittee is aware that the Government has made an effort to increase the number of beds in Tacumbú Prison, but would point out that those efforts will not be sufficient, since the prison structure is inadequate. ... The Subcommittee is of the view that Tacumbú National Prison should be closed as soon as possible and requests confirmation from the State party of the above-mentioned announcement, together with information on the timetable for its closure...
(a) Weak rule of law, including the absence and/or non-observance of basic legal safeguards and inadequate registration system;
(b) The reliance of the law enforcement and justice sectors on confessions and the lack of effective prosecutorial and judicial oversight of law enforcement activities;
(c) The lack of access to independent and qualified medical examinations and the insufficient access for detainees to appropriate health care;
(d) The prevalent corruption within the system, including in the legal profession, and exacerbated inter alia by the low level of professionalism in all sectors;
(e) The impunity and general lack of accountability of officials;
(f) The overall poor material and financial conditions of places of detention, psychiatric hospitals and institutions for persons with disabilities which often in itself lead to inhuman or degrading treatment;
(g) The on-going discriminatory practices faced by minority communities at both the institutional level and within the public at large.
14. All these factors create a vicious circle of systemic problems in which the widespread practice of torture and ill-treatment represents an integral part of the law enforcement and justice system reality. While acknowledging the commitment of the Prosecutor-General to fight impunity for torture and ill-treatment by strengthening prosecutions against perpetrators and increasing the prosecutorial oversight over law enforcement officials , the lack of recognition of the depth and systematic nature of the problem by most officials and consequently the lack of political will (with few exceptions) to address the problem, is further combined with a general atmosphere of impunity. As a result, persons deprived of their liberty are at continued and systematic risk of being ill-treated and are deprived of effective protection from the State.
(SPT Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Kyrgyzstan, 2013).
 
:''55. Overcrowding remains a cause of concern. Tacumbú has capacity for approximately 1,200 inmates but houses far more than double that number. The Subcommittee is aware that the Government has made an effort to increase the number of beds in Tacumbú Prison, but would point out that those efforts will not be sufficient, since the prison structure is inadequate. ... The Subcommittee is of the view that Tacumbú National Prison should be closed as soon as possible and requests confirmation from the State party of the above-mentioned announcement, together with information on the timetable for its closure...
:57. According to statements made to the Subcommittee, torture and ill-treatment have continued to be commonplace and have been the usual means employed by prison guards to impose their authority...
:57. According to statements made to the Subcommittee, torture and ill-treatment have continued to be commonplace and have been the usual means employed by prison guards to impose their authority...
:59. Although prison authorities report having removed corrupt prison staff from their posts, inmates and other credible sources have told the Subcommittee, in great detail, how corruption continues to affect each and every area of prison life. “Fees” continue to be charged for the different services (such as access to a doctor, to a given block or wing, etc.), with some modifications. “If anything has changed”, some inmates said, “it is that now you have to pay more for certain things.” Whereas, slightly over a year ago, inmates had to pay the guards 5,000 guaraníes in order to be allowed to carry a knife, the sum had risen to 50,000 guaraníes by September 2010. The Subcommittee has also been informed of other illegal fees now being charged by the guards (e.g., a fee of 2,000 guaraníes for allowing an inmate’s visitor to sit on a chair or to return a mobile phone to a visitor who was required to leave the phone at the prison entry hall)...
:59. Although prison authorities report having removed corrupt prison staff from their posts, inmates and other credible sources have told the Subcommittee, in great detail, how corruption continues to affect each and every area of prison life. “Fees” continue to be charged for the different services (such as access to a doctor, to a given block or wing, etc.), with some modifications. “If anything has changed”, some inmates said, “it is that now you have to pay more for certain things.” Whereas, slightly over a year ago, inmates had to pay the guards 5,000 guaraníes in order to be allowed to carry a knife, the sum had risen to 50,000 guaraníes by September 2010. The Subcommittee has also been informed of other illegal fees now being charged by the guards (e.g., a fee of 2,000 guaraníes for allowing an inmate’s visitor to sit on a chair or to return a mobile phone to a visitor who was required to leave the phone at the prison entry hall)...
:61. The Subcommittee is extremely concerned by information received from credible sources which indicates that corruption is not confined to a given prison or operational level. On the contrary, it seems to exist in almost all of the country’s prisons and to be very well coordinated and organized. The Subcommittee has repeatedly been apprised of consistent allegations that certain political circles are profiting from this nationwide form of organized corruption.  
:61. The Subcommittee is extremely concerned by information received from credible sources which indicates that corruption is not confined to a given prison or operational level. On the contrary, it seems to exist in almost all of the country’s prisons and to be very well coordinated and organized. The Subcommittee has repeatedly been apprised of consistent allegations that certain political circles are profiting from this nationwide form of organized corruption.''
(SPT Report on the follow-up visit to the Republic of Paraguay from 13 to 15 September 2010).
(SPT Report on the follow-up visit to the Republic of Paraguay from 13 to 15 September 2010).


Not unsimilar is one of the few SPT reports published for African countries (for a country ranked 51st on Pasquali's list):  
Not unsimilar is one of the few SPT reports published for African countries (for a country ranked 55 on Pasquali's list), where they found the situation of of the imprisoned persons "extrémement préoccupant":  
: 15. Le SPT constate qu’en dépit de quelques mesures , la torture et les mauvais traitements demeurent répandus, favorisés principalement par un certain nombre de problèmes structurels et systémiques préoccupants, liés:
: 15. Le SPT constate qu’en dépit de quelques mesures , la torture et les mauvais traitements demeurent répandus, favorisés principalement par un certain nombre de problèmes structurels et systémiques préoccupants, liés:
:- Au faible respect des garanties édictées par la Constitution, les traités internationaux, les lois et règlements applicables au Gabon ;...
:- Au faible respect des garanties édictées par la Constitution, les traités internationaux, les lois et règlements applicables au Gabon ;...
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:- A l’impassibilité et le consentement passif des pouvoirs publics vis-à-vis des abus entre codétenus induits par le système d’autogestion observé dans les trois établissements pénitentiaires visités ;  
:- A l’impassibilité et le consentement passif des pouvoirs publics vis-à-vis des abus entre codétenus induits par le système d’autogestion observé dans les trois établissements pénitentiaires visités ;  
:- Aux mauvaises conditions matérielles et financières inhérentes aux lieux de privation de liberté qui entraînent généralement des mauvais traitements (et sont même, dans certains cas, constitutifs de torture).
:- Aux mauvaises conditions matérielles et financières inhérentes aux lieux de privation de liberté qui entraînent généralement des mauvais traitements (et sont même, dans certains cas, constitutifs de torture).
:The situation is summed up by the SPT the the words that "the situation of of the imprisoned persons is "extrémement préoccupant" (SPT Rapport sur la visite au Gabon, 2014).
(SPT Rapport sur la visite au Gabon, 2014).


The situation is not so different in some of the poorer countries in Europe. Consider the report by the European Committee for the Prevention of Torture (CPT) (on a country ranked 61 by Pasquali):
The situation is not so different in some of the poorer countries in Europe. Consider the conclusion from the European Committee for the Prevention of Torture (CPT) (on their visit to a country ranked 61 by Pasquali):
:Regarding the situation in prisons, numerous credible allegations consistent with physical ill-treatment (punches, including with reinforced gloves, kicks with the knee and feet and blows with a truncheon) were received by the delegation. They were mainly inflicted on prisoners under a maximum security regime (“RMS”) and in the closed regime units of Arad and Oradea prisons by members of the intervention group (wearing balaclavas or masks). Medical evidence compatible with the allegations made was found in a certain number of prisoners' medical files in these two establishments. As regards material conditions in prisons, the report notes an overall high-level of overcrowding, with barely 2m² of living space per person in Târgşor Women’s Prison; these conditions were further aggravated by the fact that prisoners generally spent 20 to 22 hours a day in their cells. Furthermore, the report contains recommendations to reinforce the numbers of prison and health-care staff in the establishments visited and to offer work and/or socio-educational activities to prisoners under RMS and closed regimes.
'':Regarding the situation in prisons, numerous credible allegations consistent with physical ill-treatment (punches, including with reinforced gloves, kicks with the knee and feet and blows with a truncheon) were received by the delegation. They were mainly inflicted on prisoners under a maximum security regime (“RMS”) and in the closed regime units of Arad and Oradea prisons by members of the intervention group (wearing balaclavas or masks). Medical evidence compatible with the allegations made was found in a certain number of prisoners' medical files in these two establishments. As regards material conditions in prisons, the report notes an overall high-level of overcrowding, with barely 2m² of living space per person in Târgşor Women’s Prison; these conditions were further aggravated by the fact that prisoners generally spent 20 to 22 hours a day in their cells. Furthermore, the report contains recommendations to reinforce the numbers of prison and health-care staff in the establishments visited and to offer work and/or socio-educational activities to prisoners under RMS and closed regimes.''
(CPT News Flash on the visit to Romania 2014, for a detailled report see the french version).
(CPT News Flash on the visit to Romania 2014, for a detailled report see the french version).
In 2016, because of the poor conditions in Romanian local prisons, the ECHR took the unusual step of according almost 100,000 euros in compensation to 18 (ex-) convicts - instead of the much lower symbolic sums that it normally accords to successful plaintiffs.  
In 2016, because of the poor conditions in Romanian local prisons, the ECHR took the unusual step of according almost 100,000 euros in compensation to 18 (ex-) convicts - instead of the much lower symbolic sums that it normally accords to successful plaintiffs.  
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