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           CONTENTS
   Who are the prisoners?

   Integrating Past Experience and
    Current Perspectives

   48 Ways Forward

   Correctional Development Goals

   Spreading Justice and Dignity

                                      2
Photo from Sokwanele   3
4
Photo by Alan Pogue   5
They are, for the most part,

 persons living in poverty, with:
 poor education and
 poor or no job training


Remedying this lack often is the
 basic requirement for recovery

                                     6
They may also likely suffer from:

    addictions to alcohol or drugs

 which may require extensive and
  quality treatment



                                      7
Some others need treatment for:


   learning disabilities,
   a degree of mental illness, or
   socially disabling diseases like AIDS.




                                             8
for example,
 prisoners in USA:


    About 60% have had an alcohol or drug
     problem;

    Have much more AIDS, TB, and
     Hepatitis;


                                             9
for example, in the USA, prisoners:

 At  least 15% have a considerable mental
  illness;

 Have  more than average learning
  disabilities; and

 Over 50% of female prisoners had been
  sexually or physically abused.

                                             10
     Concentrations of
those thus “Socially Disabled”
            are

high in:   many slums & ghettoes


very high in:    most prisons



                                   11
      Prisons and Slums

   Are both breeding grounds for
    unrest, violence, and crime.

   Feed each other in these matters.

   Are major opportunities for social
    development



                                         12
           Magnitudes


   9.8 million prisoners worldwide

   Hundreds of millions in our slums,
      a major supply for the prisons




                                         13
    Integrating
  Past Experience
        and
Current Perspectives



                       14
            Utilizing the results of
             prior CURE actions
   evaluations, in 2007, of prisons in 35 countries
    in the western hemisphere, resulting in 22
    recommendations.

   evaluations, in 2009, of prisons in 14 countries
    in Africa, resulting in 30 recommendations.

   evaluation, in 2010, on non-compliance by the
    United States with ratified human rights
    documents.
                                                       15
        Utilizing the results of
    six other African conferences
           on prison reform
 at Kampala (Uganda, 1996 and 1999),
 Kadoma (Zimbabwe, 1997),
 Lilongwe (Malawi, 2004),
 Ouagadougou (Burkina Faso, 2002),and
 Robben Island (South Africa,2002) .


             -“Africa’s Recommendations for Penal
               Reform,” Penal Reform International

                                                     16
          And using a recent reference,
        “Making Law and Policy that Work”
                       by
           Penal Reform International

http://www.penalreform.org/files/PUB_makinglawandpolicy_200710_FINAL.
                                    pdf




                                                                        17
The 5th CURE International Conference
             (2011, Abuja, Nigeria)


     Builds further on all those preceding
           and assembles the 2011

            48 Ways Forward
                to improve
      justice and prison systems
                                              18
   Not all of these recommendations are
    applicable in every country to the same
    degree.

   Their relevance, however, is strongly
    suggested by the CURE surveys of justice
    and prison systems in 49 countries.


                                        19
20
      Area 1.
Judicial Operations

                      21
   Systemic weaknesses include the removability
    of judges, corruption, outdated legal codes, an
    insufficient number of courts, a lack of financial
    and human resources, and excessive legal
    costs.

   Many detainees remain in prison for years
    without trial.

   Legal advice is rarely provided to the poor.

                                                   22
Photo By Alan Pogue
                      23
Area 1. Key Ways Forward

        regarding
   Judicial Operations




                         24
              Guiding Principles

   Recognition of the dignity inherent in every
    individual.

   Recognition of the rights of every individual to fair
    justice.

   Inclusion of everyone in the equal and prompt
    provision of the mechanics of justice.

                                                            25
    1. Provide legal and/or paralegal services;

   Include a wide range of stakeholders, such as
    NGOs, community-based organizations,
    charitable organizations, professional bodies,
    and academic institutions.
     - The Lilongwe Declaration on Accessing Legal Aid in the Criminal
    Justice System in Africa (2004); (26 countries); noted in ECOSOC
    resolution 2007/24.




                                                                         26
    2. Reduce False Convictions

   Implement videotaping in interrogations;
    double-check eyewitness identification.

   Use Jailhouse informants only after extreme
      scrutiny of deals made for their testimony.

   Provide DNA and other forensic testing.

        - Cure’s submission to the UN UPR for the USA

                                                        27
 3. Enforce a Speedy Trial Act with rules
whereby failure to hold trial within a
reasonable time (through no fault of the
defendant) results in freedom for the
defendant.

                - CURE 4th International. Conference




                                                       28
    4. Pre-trial planning should include an
    identification of occupational, educational, and
    other programs needed for rehabilitation of each
    offender.

   These should guide alternative sentencing.

   Fulfillment of that plan should also serve as a
    guide for release or parole determination.

             - NYS Coalition for Rehabilitation and Reentry
               (33 reform organizations)
                                                              29
5 . Arrest Leeway

   Police officers should have some official leeway
    in the decision to detain or to employ sources of
    support and guidance for the accused.

    There should be clear guidelines on the extent of
    discretionary powers, and training in alternative
    responses.

    - Penal Reform International, “Making Law and Policy that Work.”




                                                                       30
6. Judicial Operations, General

   Provide competent legal defense assistance for
    indigents.

    Improve the capacity and efficiency of judicial
    systems. Have good information management
    systems that can provide current, accessible
    information.

   Eliminate confinement of political prisoners.
    -CURE 3rd International Conference recommendations, March 16, 2008, to
    the Inter-American Human Rights Commission:



                                                                         31
Area 2. Prison Operations
   and Alternatives to
     Incarceration



                            32
Area 2. Illustrative Problems
   There are often 2-4 times more
    prisoners than the design capacity of
    the prison.

   Many prisoners spend 24 hours each
    day in the cells where there are
    tuberculosis and other respiratory and
    skin diseases.

                                             33
Area 2. Key Ways Forward:
          Regarding

   Prison Operations and

 Alternatives To Incarceration



                                 34
              Guiding Principles

   Treating all as human beings, rather than animals.

   Recognizing all as members of the civil
    community.

   Using methods that restore harmony within the
    community, rather than only brutal punishment.


                                                         35
An African prison   Photo from S. Kawilila
                                             36
Photo By Alan Pogue
                      37
7. Prison Ops. & Alternatives, General
 Expand alternatives to incarceration. Avoid excessive
  sentences.
 Enforce standards on overcrowding of prisons; and
  provide standard sanitary facilities in all correctional
  institutions.
 Promote a culture of mutual respect among those
  incarcerated and prison staff.

    - CURE 3rd International Conference recommendations, March 16,
      2008, to the Inter-American Human Rights Commission:




                                                                     38
   8. Employ restorative justice approaches to
    restore harmony within the community as
    opposed to punishment by the formal justice
    system.

   Employ wider use of family group conferencing,
     victim / offender mediation and sentencing
    circles.

      - The Ouagadougou Declaration on Accelerating Prison and Penal
       Reform in Africa (2002) (38 countries).



                                                                       39
 9. Determine, for restorative justice:
 What harm has been done?

 What can be done
    to compensate the victim,
    to reduce the harm, and
    to hold offenders accountable?

 What are the root causes?

 What can be done to prevent a recurrence?

                 CURE 4th International Conference   40
    10. Petty offences should be dealt with by
    mediation and should be resolved between the
    parties involved without recourse to the
    criminal justice system.

    11. Civil reparation or financial recompense
    should be applied, taking into account the
    financial capability of the offender or of his or
    her parents.
            -The Kampala Declaration on Prison Conditions
              in Africa (1996)
                            ,




                                                            41
 12. Use community service in conformity with
African traditions of dealing with offenders and with
healing the damage caused by crime within the
community.

It is a cost-effective measure to be preferred,
whenever possible, to a sentence of imprisonment.



        - Kadoma Declaration On Community Service, 1997;
          (23 Countries); Noted In ECOSOC Resolution 1998/23.


                                                                42
 13. Encourage NGOs, CBOs and faith-based
    groups to train local leaders

 on the law and the constitution,

 on the rights of women & children,

 and in mediation and other alternative
  dispute resolution (ADR) procedures.
  - The Lilongwe Declaration on Accessing Legal Aid in the Criminal
    Justice System in Africa (2004), (26 countries); noted in ECOSOC
    resolution 2007/24


                                                                       43
Area 3. Systemic Violence
       and Abuse
 of Incarcerated Persons


                            44
Area 3. Illustrative Problems
   Security forces beat and abuse detainees
    and prisoners to punish them, extract
    confessions, or extort payments with near-
    total impunity.

   Solitary confinement is used excessively.

   There are prison gangs that abuse others,
    and there is the “law of the strongest.”


                                                 45
 Area 3. Key Ways Forward

          regarding
   Systemic Violence and
Abuse of Incarcerated Persons


                                46
       Guiding Principles


           of the most vulnerable
 Protection
 from unnecessary, unbridled,
 malicious abuse.



                                    47
             Photo by
Alan Pogue              48
14. Excessive penalties

   The death penalty should be abolished.

   The opportunity for parole or sentence reduction,
    based on demonstrated rehabilitation, should be a
    recognized right for all prisoners, including those with
    a life sentence.

               - Cure’s submission to the UN UPR for the USA



                                                               49
    15. Control Units
   Current practice of prolonged isolation should be
    abolished.

   Placement in a control unit should be the last resort
    and may never be made for prisoners with serious
    psychiatric problems.

   The mental health of prisoners in control units should
    be regularly reviewed by certified mental health
    professionals, and given treatment, in a psychiatric
    setting if necessary.

            - Cure’s submission to the UN UPR of the USA

                                                            50
 16. Under the Optional Protocol to the UN
Convention Against Torture (UNCAT), the
Subcommittee on Prevention, should be
empowered to visit any place in the country
where persons are or may be deprived of
their liberty.
                        -Gerard de Jorge




                                              51
17. Systemic violence, General
   Eliminate all forms of torture and cruel or inhumane
    treatment.

   Reduce the effects of racial and ethnic bias in criminal
    justice systems.

   Set humane limitations on the use of solitary confinement.

   Strengthen inmate grievance procedures, and ensure fair
    investigation of complaints.

   Provide sexual security for all prisoners.
        - CURE 3rd International Conference recommendations, March
           16, 2008, to the Inter-American Human Rights Commission:


                                                                      52
18. Youthful Offenders
   Abolish the practice of sentencing people under
    age 18 to life in prison without the possibility of
    parole. Provide meaningful review of the
    sentences after they have served 10 years, and
    every three years thereafter, to determine whether
    they have been rehabilitated and may return to the
    community.

   - Submitted in the 2010 UN UPR of the USA by Justice Now, Campaign
    for the Fair Sentencing of Youth, Drug Policy Alliance, and The
    Sentencing Project



                                                                         53
 19. Employ 3 fundamental safeguards:

 the right to have the fact of detention notified to a
   third party of the defendant’s choice,

 the right of access to a lawyer, and

 the right to request a medical examination by a
  doctor.

  -Gerard de Jonge, Report on the Visits to Ethiopia , 2003, Univ.of
   Mmaastricht -the Netherlands. Acting for the Dutch Centre for
   International Legal Co-operation (CILC).

                                                                       54
20. Prisoner Complaints


   Prisoners must have the possibility to start
    criminal proceedings, and to register
    complaints and have them heard and
    resolved, regarding their treatment in prison.

    - Penal Reform International, “Making Law and Policy that Work.”




                                                                       55
 21. Every penal institution should be
supervised by an independent Board of visitors
that:

 Is made up by members from the civil society,

 have no restrictions on access to any part of the
   prison facility - without prior warning,

 can speak freely with the persons in detention,
  and have access to the prison management.
                  -Gerard de Jorge

                                                      56
 22. Properly recruited and trained prison
staff is the cornerstone of a humane prison
system, including education on human rights
matters.

 During training, considerable emphasis
should be placed on developing interpersonal
communication skills, based on respect for
human dignity.

                      -Gerard de Jorge
                                               57
   23. Correctional Officers should also be
    trained to support the rehabilitation of
    incarcerated persons through instruction in,
    and practice of:
   Mediation,
   Non violent communication, and other
   Problem solving techniques,



                 CURE’s 5th International. Conference
                                                        58
24. Systemic Violence Against Women

   The forced, coerced, and uninformed sterilization
    of women prisoners must cease. Aggressive,
    medically unnecessary sterilization of women,
    including nonconsensual tubal ligation after birth
    and coerced partial and complete hysterectomies
    and oopherectomies have been practiced.

    - Submitted in the 2010 UN UPR of the USA by Justice Now,
    Campaign for the Fair Sentencing of Youth, Drug Policy Alliance,
    and The Sentencing Project



                                                                       59
Area 4. Prisoner Health




                          60
Area 4. Illustrative Problems
 AIDS   remained a very serious killer
  among the imprisoned.
 Poor sanitation, inadequate medical
  facilities, meager food supplies, and
  lack of potable water resulted in serious
  outbreaks of dysentery, cholera, and
  tuberculosis, which were exacerbated
  by overcrowding.


                                              61
Area 4. Key Ways Forward

         regarding

         Health Care
  for Incarcerated Persons


                             62
                Guiding Principles

   Including the least in society with a standard of
    medical care.

   Limiting the spread of communicable diseases
    among the poorest and least resistant, due to
    over-incarceration, over-crowding, lack of
    sanitation, and medical neglect.



                                                        63
Photo from Sokwanele
                       64
 25. The Ministry of Health should take
over the responsibility of health in prison;
and prisons should be included in public
health programmes, including education,
prevention, testing, and counseling on
communicable diseases.

 Health programs in slums should be
similarly upgraded to help reduce entry to
prison.
                  - CURE 5th International Conference
                                                        65
26. Health, General
   Provide treatment for drug addiction, instead of
    incarceration. Support both in-prison and post-prison
    treatment for alcohol and drug addictions.

   Ensure proper treatment and alternate facilities for those
    who are mentally ill.

   Provide timely medical service; test for and treat infectious
    diseases such as AIDS, tuberculosis, and hepatitis.

   Provide nutritious food, and clean water for consumption
    and hygiene.
       - CURE 3rd International Conference recommendations, March 16, 2008, to
         the Inter-American Human Rights Commission:




                                                                                 66
 27. Prisons should be open to independent
inspectors who should report to a high
authority.

 28. Access to prisons by the public should
be facilitated to enhance transparency. Open
door visits could be organised on a regular
basis to sensitise and educate the
community about prison.

     -The Kampala Declaration on Prison Health in Africa (1999).
                                                                   67
29. Adequate finance should be made
available for health care; and

 budgeting for prison health care should be
  a separate line item.

     -The Kampala Declaration on Prison Health in Africa (1999).




                                                                   68
 30. Priority must be given to
communicable diseases, including
HIV/AIDS, tuberculosis, hepatitis,, and local
epidemics, as prisons can be breeding
grounds with later community infections.

              - 4th CURE International Conference




                                                    69
   31. Alcohol and drug addictions, and
    mental illness require increased
    medical and psychological attention.

   All inmates with substance use
    disorders should be provided evidence-
    based treatment and aftercare.
           - Cure’s submission to the UN UPR re the USA




                                                          70
32. Infant Care

   The bonding of infants with their primary care-
    provider is essential for long term emotional
    development. Therefore, mother and child
    should be in a unit where they can live together
    on a continuous basis and under normal
    conditions as possible.

        - Penal Reform International, “Making Law and Policy
          that Work.”




                                                               71
Area 5. Rehabilitation and
         Reentry




                             72
Area 5. Illustrative Problems
   Programs for work, education, sports, literacy,
    and vocational training are inadequate for the
    high demand which is linked to prison
    overcrowding.

   There are too few programs for pre-release or
    re-entry assistance for incarcerated persons.




                                                      73
Area 5. Key Ways Forward

         regarding

Rehabilitation and Re-Entry
        Programs


                              74
           Guiding Principles

 Recognize that   the majority of the many
  millions of excluded, abandoned, and
  ostracized persons in the world’s prisons
  are redeemable as productive citizens, if
  given a measure of social development.




                                              75
Photo by Alan Pogue
                      76
33. Rehabilitation, General
   Provide rehabilitation and re-entry planning beginning
    during the first days of incarceration. Fund programs to
    fulfill that plan to enable services both during incarceration
    and after release.

   Invest in programs that develop marketable job skills. Set a
    goal of decent work with decent living for all.

   Help incarcerated persons to maintain contact with family
    and friends through supportive policies concerning
    visitation, mail, and telephones.

         - CURE 3rd International Conference recommendations,
           March 16, 2008, to the Inter-American Human Rights
           Commission:



                                                                 77
 34. Make available to all detainees,
whether sentenced or in remand, education
programs that would cover at least the
curriculum of compulsory education at the
primary and, if possible, at the secondary
level also.

 - The U.N. Special Rapporteur on the Right to Education of
    Persons in Detention, 2 April 2009




                                                              78
35. Vocational Training

   Should be linked to local job-market
    needs.
   Should span agribusiness and industry
    potentials
   Should include both basic skills and
    small business entrepreneurship and
    practice.
               - CURE 5th International Conference



                                                     79
   36. Social education options should include
    topics of alcohol and drug management, anger
    management, alternatives to violence, and
    sub-topics of non-violent communication, civic
    responsibility, and conflict resolution.


     - NYS Coalition for Rehabilitation and Reentry (33 organizations)




                                                                         80
 37. Education should be aimed at the full
development of the whole person requiring
prisoner access to formal and informal
education, literacy programs, basic
education, vocational training, and social
education.
  - The U.N. Special Rapporteur on the Right to Education of
    Persons in Detention




                                                               81
 38. Education programs in prisons
should be integrated with the public system
so as to allow for continuation of education
upon release.

 Education programs in slums should be
similarly upgraded to reduce prison entry.

               - CURE 5th International Conference

                                                     82
 39.   Correctional Education Support

   a.) Federal and state laws and regulations should
    generally include correctional education as
    beneficiaries on a par with public education.

   b.) Federal funding of financial aid for post-
    secondary education in prisons (in the USA, PELL
    Grants for prisoners) should be restored, on a par
    with federal aid in public education.

           - CURE’s submission to the UN UPR re the USA


                                                          83
   40. The use of lower cost technologies such as
    distance learning and online video should be
    encouraged and funded, as supplements to
    standard education delivery.
                 - Cure’s submission to the UN UPR re the USA

   Programs for controlled use of computers in
    cells should be encouraged



                                                                84
   41. Earlier release should be offered to most
    incarcerated persons, conditioned upon their
    successful completion of major rehabilitation
    programs.


   42. Parole boards should be staffed with
    members who have a background in
    criminology and relevant social services in
    order to best assess suitability for release.

                           - 4th CURE International Conference
                                                             85
   43. Work release should enable incarcerated
    persons, who have completed major
    rehabilitation programs, to leave a correctional
    facility each day to work productively in the
    community.

                   - 4th CURE International Conference




                                                          86
44. Work in Prison

   Respecting the right of incarcerated persons
    to access to remunerative employment
    sufficient to human dignity and at least
    partial support of oneself and family.

   Preserving and propelling, wherever possible,
    offenders’ access to the legal labor force,
    normal investment in social security and
    health insurance programs, and participation
    in workplace trade unions.

      - Cure’s submission to the UN UPR re the USA


                                                     87
 45. Incarcerated individuals should retain
the voting rights held by all other citizens
within their country.


    - CURE 4th International Conference 2009 (20 countries)

    Letter to Ban Ki Moon, Secretary General of the United
    Nations, June 25, 2009.




                                                              88
46. Non Violent Environment

   Prisons must offer an environment that facilitates
    rehabilitation. Rehabilitative activities will not be
    productive in a prison climate dominated by
    violence, threats, hostile prisoner-staff relations,
    and the circulation of drugs, alcohol, and
    weapons.

        - Penal Reform International, “Making Law
          and Policy that Work.”



                                                            89
47: Correctional Staff


  All correctional staff should be trained to be
  aware that rehabilitation is a primary role of
  incarceration, and that they individually play a
  role in the rehabilitation of each prisoner. A
  non-violent, educational environment,
  promoted by correctional staff, should
  encourage personal development, particularly
  in cooperative social relationships and job
  capabilities.
                   -CURE’s 5th International Conference



                                                          90
48 Visitation

   Prisoners should be sent to prisons near to their
    homes and families, so that they can have family
    visits in a confidential manner.

         - Penal Reform International, “Making Law and Policy
           that Work.”




                                                                91
Photo From Sokwanele
                       92
         CURE’s
         Five-Year
Correctional Development
          Goals


                           93
By 2015 :
1. Reduce the annual admissions to prisons
   by 30% - 50%

 1a. Increase use of alternatives to prison.

 1b. Improve defendant’s legal counsel.


                                               94
By 2015, also:

2. Improve prison-judicial practice.

  2a. Reduce false convictions.
  2b. Reduce pre-trial waits; and set a
      maximum allowable wait time of
      one month.
  2c. Reduce overcrowding in all prisons;
      and enforce a limit on percentage of
      design capacity of 120%.
                                             95
By 2015 also:
3. Reduce AIDS and other communicable
   diseases in prisons by 30-50%

  3a The Ministry of Health should take
  the responsibility of health in prison;
  and prisons should be included in all
  public health programmes.

  3b Provide programs for inmates on
  transmission-education, testing,
  treatment, counseling, and coping with
  AIDS and other diseases.                  96
By 2015, also:
4. Reduce recidivism rates by 30% - 50%.

 3a. Reduce prisoner abuse; build
 citizenship by humane and constructive
 treatment.

 3b. Make job training for decent work and
 rehabilitation-reentry a prime purpose of
 all correctional facilities.
                                             97
Correctional Development Objectives
                  :
       Better social health,
       More national productivity,
       Less unrest and crime,
       Lower total costs for:
        - police, judiciary,
        - jails, prisons,
        - welfare, medical,
        - and other after-effects


                                      98
Restorative Justice & Dignity
   by the social development
     and social integration

        of many millions
of excluded and ostracized persons
     in the world’s prisons
   and in the world’s slums.

                                     99
   Invest near the bottom
       in prisons and slums

   Promote recovery, rehabilitation, and
    productive reentry

   Reduce economic drains on society

   Grow the economy upwards
                                    100
101

				
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