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					CURE’s 5/30


              1
     30 Ways Forward of

    Social Development
   and Social Integration
                      in
Justice and Prison Systems

          International CURE
 Citizens United For Rehabilitation Of Errants
                                                 2
                  Seeking
 Better  social health,
 Less crime,
 More security,
 More productivity, and
 Lower total costs for
  police, judiciary, jails, prisons, welfare,
  medical, and other after-effects


                                                3
  by the social development,
    and social - integration
       of many of the millions
of excluded and ostracized persons
 in the prisons of the world.



                                     4
     rather than making


   breeding grounds
for violence and disease



                           5
             focusing on
         5 key problem-areas,

1. Judicial systems and legal aid.
2. Over-incarceration vs. Alternatives.
3. Abuse.
4. Health Care.
5. Rehabilitation & reentry programs.



                                          6
  and each problem-area in two parts:

A. - Examples of problems in that area
B. – Ways Forward as remedies of those
             problems




                                         7
A. - Examples of Problems

    drawn from the assessments,
        of 14 African countries*,
       (but also very common elsewhere).


 * country-assessments are based on:
 1. voices in the affected countries
 2. human rights reports of the U.S. State Dept.



                                                   8
                          and
      B. – Key Ways Forward
- drawn largely from international conferences on
  justice and prisons in Africa,
        held at Kampala (Uganda), Kadoma (Zimbabwe),
         Lilongwe (Malawi), Ouagadougou (Burkina Faso),
         and Robben Island (South Africa).


- endorsed and supported by CURE
http://www.reliefweb.int/rw/lib.nsf/db900sid/OCHA-
 7L9KJF/$file/pri_nov2008.pdf?openelement


                                                          9
Social Development Steps
 to Inclusion / integration
                      ABUSE

                    PREVENTION

                                  HEALTH
     ALTERNATIVES




                      INCLUSION   REHABILITATION
LEGAL AID                 /
                    INTEGRATION     PROGRAMS




                                                   10
Photo from Sokwanele
                       11
  Multi-Country-Analysis #1
           regarding

Judicial Systems and Legal Aid



                                 12
 Social Inclusion / Social integration
             here means:
 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.
                                             13
Photo by Alan Pogue14
A. - Examples of key Problems
                   in
Judicial Systems and Legal Aid
           using excerpts from
      the country-assessments of :
     Burkino Faso, Guinea, Zambia,
         Cote d’Ivoire, and Niger


                                     15
Guinea assessment:

  very often the records are lost
  which makes it impossible to
  convene the trial. 1

  Many detainees have remained
  in prison for more than 10
  years without trial. 2
                                     16
Burkino Faso assessment:

 Systemic weaknesses in the justice
 system included the removability of
 judges, corruption of magistrates,
 outdated legal codes, an
 insufficient number of courts, a lack
 of financial and human resources,
 and excessive legal costs.2

                                         17
Zambia assessment:

 The judicial system is
 hampered by inefficiency,
 corruption, and lack of
 resources. 2

 Legal advice is rarely provided
 to the poor. 1
                                    18
Cote d’Ivoire assessment:

 Most of the time, the very poor
 do not have a lawyer to defend
 their cause. 1

 Those who have no money are
 most of the time forgotten. 1

                                    19
Niger assessment:

 Some persons waited as long
 as six years to be tried. 2

 At year's end, 70 percent of the
  prisoners in Niamey's civil
  prison were awaiting trial. 2

                                     20
  B. - Key Ways Forward
   for Social Inclusion / Social Integration



               regarding
Judicial Systems and Legal Aid


                                               21
Photo By Alan Pogue
                      22
 1. 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.




                                       23
   2. 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.

                                                           24
   3. Pre-trial planning should include an
    identification of specific therapeutic,
    occupational, educational, and other programs
    needed for rehabilitation of each offender.
   These should guide alternative sentencing, and
    a measure of the offender’s performance
    towards rehabilitation.
   Fulfillment of that plan should also serve as a
    guide for release or parole determination.

       - NYS Coalition for Rehabilitation and Reentry
         (33 organizations)
                                                        25
Multi-Country-Analysis #2
         regarding

Overcrowded Imprisonment
     and Alternatives


                            26
Social Inclusion / Social integration
            here means:
   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.


                                                     27
An African prison   Photo from S. Kawilila
                                        28
A. - Examples of key Problems
                 regarding

    Overcrowded Imprisonment
         and Alternatives
               using excerpts from
          the country-assessments of :
    Mali, Senegal, Ghana, Guinea, Zambia,
                 and Zimbabwe,

                                            29
Mali assessment:

 There are often nine hundred
  or more detainees in a prison
  built for four hundred. 1

 There are alternatives,
 including community service
 and financial payment. 1
                                  30
Senegal assessment:

 We have 5887 in jails built for
  2972 people. 1

 Dakar's Central Prison, which
  had a maximum capacity of 700
 persons, held approximately
 1,400. 2
                                    31
Ghana assessment:
 Ghana has a prison population
 of about 18,000 in facilities
 designed for 4,000. 1

 Mediators have been trained
  throughout the country to
 implement Alternative Dispute
 Resolution (ADR) procedures. 2
                                  32
Guinea assessment:

 The Conakry Prison was originally
  built to hold 200 prisoners, but held
  1,055 prisoners at year's end.2

 Most adult prisoners spend 24
  hours each day in the cells where
  there are tuberculosis and other
  respiratory and skin diseases. 1

                                          33
Zambia assessment:

 Lusaka Central Prison,
 designed for 200 prisoners,
 held more than 1,500, forcing
 some inmates to sleep sitting
 upright. 2

 Mukobeko Prison, built for 400
 inmates, now holds 1,442 . 1
                                   34
Zimbabwe assessment:
 “A cell designed for 10 people
 is usually packed with 40.” 1

 The use of community service
 later inspired many African
 countries to also incorporate
 community service ,especially
 with regard to minor offences.
                                   35
B. - Key Ways Forward:
for Social Inclusion / Social Integration


                 regarding
  Alternatives To Incarceration




                                            36
Photo By Alan Pogue
                      37
   4. 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).

                                                      38
 5. 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?
                                           39
    6. Whenever possible, petty offences
    should be dealt with by mediation and
    should be resolved between the parties
    involved without recourse to the criminal
    justice system.

    7. The principle of 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)   ,


                                                     40
 8. 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.

                                                      41
 9. Encourage NGOs, CBOs and faith-
based groups to train local leaders

 on the law and the constitution,

 and 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
                                                              42
 Multi-Country-Analysis #3

           regarding
Abuse of Incarcerated Persons



                                43
Social Inclusion / Social integration
            here means:

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




                                                44
Photo by Alan Pogue
                      45
A. - Examples of key Problems
                regarding

Abuse of Incarcerated Persons
                    ,

           using excerpts from
      the country-assessments of :
   Burkino Faso, Cote d’Ivoire, Gambia,
           Ghana, and Guinea.


                                          46
Burkino-Faso assessment:

 Suspects were frequently
 subjected to beatings, threats,
 and occasionally torture, to
 extract confessions.2



                                   47
 Cote d’Ivoire assessment:

 Security forces and FN soldiers
 and police beat and abused
 detainees and prisoners to
 punish them, extract
 confessions, or extort payments
 with near-total impunity. 2

                                    48
The Gambia assessment:
 Some inmates have permanent
 scars due to beatings and
 bullying. Some inmates have
 gone missing, and no account
 has been given of them. 1

 Solitary confinement is used
 excessively. 1
                                 49
Ghana assessment:
 There are prison gangs that abuse
 others, and in our prisons there is
 also the “law of the strongest.” 1

 There are incarcerated persons
 that have disciplinary or
 supervisory authority over other
 incarcerated persons. 1

                                       50
Guinea assessment:
 According to a local NGO, 52 percent of
 the prisoners at the Conakry Central
 Prison displayed evidence of torture,
 including scars from cigarette and
 plastic burns, head injuries, burned
 hands, and skin lacerations. 2

 Prisoners were reportedly routinely
 tortured to extract confessions or to
 extort money. 2
                                            51
     B. - Key Ways Forward
  for Social Inclusion / Social Integration

                regarding
Abuse of Incarcerated Persons


                                              52
Photo From Sokwanele
                       53
 10.  Insure humane treatment in
    keeping with the dignity of every
    human person.
   Eliminate all forms of torture and
    cruel or inhumane treatment.


 11.   Eliminate the death penalty.

      - “Dignity of the Individual” International Cure,
         Kim Pathways, 2007                               54
12. 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).
                                                             55
 13. Every penal institution should
be supervised by an independent
Board of visitors that is made up by
members from the civil society, has
no restrictions on access to any
part of the prison facility - without
prior warning, can speak freely with
the persons in detention, and has
access to the prison management.

                                        56
 14. Under the Optional Protocol to the
UN Convention Against Torture
(UNCAT), the Subcommittee on
Prevention, would be empowered to
visit any place in the country where
persons are or may be deprived of their
liberty.
                        -Gerard de Jorge


                                           57
 15. 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

                                           58
   16. Correctional Officers should also be
    trained to support the rehabilitation of
    incarcerated persons through instruction
    in, and practice of:
     Problem solving techniques,
     Mediation, and
     Non violent communication.



                                           59
Multi-Country-Analysis #4

         regarding

        Health Care
 for Incarcerated Persons




                            60
     Social Inclusion /Social Integration
                 here means:
   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.


                                                        61
Photo from Sokwanele
                       62
A. - Examples of key Problems
                   in
             Health Care
                    ,

            using excerpts from
       the country-assessments of :
D.R. Congo, Ghana, Guinea, Niger, Zambia,
              and Zimbabwe.



                                            63
Guinea assessment:
 Poor sanitation, malnutrition,
 disease, lack of medical attention,
 and poor conditions resulted in
 dozens of deaths. 2

 In 2006 an NGO reported that
 HIV/AIDS among incarcerated
 male minors was as high as 50
 percent, suggesting sexual abuse.2
                                       64
Zambia assessment:
 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. 2

 The sewer system was completely
 broken down. Waste matter floated all
 over around the sleeping quarters in
 small ponds. 1
                                             65
Ghana assessment:
 Overcrowding contributes to AIDS,
 cholera, tuberculosis, cough,
 asthma, typhoid fever, and itch.
 Suffocation is also recurrent. 1

 Nutritious food and drinking water
 for consumption and hygiene are of
 poor quality. 1
                                       66
Niger assessment:
 Nutrition, sanitation, and health
  conditions were poor, and deaths
  occurred from AIDS, tuberculosis, and
  malaria. 2

 Only political prisoners or wealthy
  families can obtain a conditional
  release for health reasons [legal aid is
  very, very expensive]. 1

                                             67
Zimbabwe assessment:
 Poor sanitary conditions aggravated
 outbreaks of cholera, diarrhea,
 measles, tuberculosis, and
 HIV/AIDS-related illnesses. 2

 One of the first things that most
 people comment on when they
 describe Zimbabwe's prison cells is
 the overwhelming stench of human
 urine and excrement. 1


                                        68
Dem.Rep.Congo assessment:

  Sanitation is lacking in most prisons. 1

  Some prisoners starved to death.
   Prison staff often forced family
   members of prisoners to pay bribes for
   the right to bring food to prisoners. 2

  The UNJHRO reported in February that
   over a two-month period, 21 prisoners
   died from malnutrition or dysentery . 2
                                              69
   B. - Key Ways Forward
for Social Inclusion / Social Integration

               regarding

          Health Care
   for Incarcerated Persons


                                            70
 17. The Ministry of Health should
take over the responsibility of health in
prison; and prisons should be included
in public health programmes.


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




                                              71
18. Adequate finance should be
made available; and budgeting
for prison health care should be a
separate line item.

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



                                                72
 19. Prisons should be open to
independent inspectors who should
report to a high authority.

 20. 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).                               73
 21. 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.

 22. Alcohol and drug addictions, and
mental illness require increased
medical an psychological attention.
                                          74
Multi-Country-Analysis #5
          regarding

Rehabilitation and Re-Entry
         Programs


                              75
 Social Inclusion / Social integration
             here means:
 Recognizing  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.



                                               76
Photo by Alan Pogue   77
A. - Examples of key Problems

                regarding
Rehabilitation and Re-Entry Programs

                    ,

     using the country-assessments of :
Burkino Faso, Gambia, Ghana, Guinea, Mali,
             Niger, and Zambia.

                                             78
Burkino-Faso assessment:

 Programs for work, education,
 sports, literacy, and vocational
 training are inadequate in the light
 of the high demand which is linked
 to prison overcrowding. 1

 Most of the prisoners are
 abandoned by their families, who
 give poverty as the reason. 1
                                        79
The Gambia assessment:

 Inmates are taught the basics of
 carpentry, masonry, welding etc. Job
 skill development in community
 development work helps to prepare the
 inmates for economic survival when
 they are out of prison. 1

 There are no programs for pre-release
 or re-entry assistance for incarcerated
 persons. 1
                                           80
Ghana assessment:

 The prisons have primary, secondary,
  technical, vocational, and post-
  secondary education. 1
 Prisoners are trained in dye making,
  sewing, carpentry, joinery, masonry,
  weaving, blacksmithry, electronics, and
  baking. 1
 Civil society organizations have been
  asked to support prisons with teaching
  and learning tools. 1                     81
Guinea assessment:
 There is no real curriculum and
  vocational training, nor is there any
  program to develop a general
  knowledge for life. 1

 There is no re-entry or rehabilitation
  assistance. Once out of prison, that's it;
  there is no therapy; there are no
  rehabilitation programs for ex-
  offenders. 1
                                               82
Mali assessment:
 At the prison in Bollet, one learns the
  alphabét and ironwork. In the central
  prison in Bamako, there is the alphabét
  and making art objects. In the prison in
  Bollet, for women, sometimes there is
  traditional clothing and soap and care of
  the hair. In some other prisons there are
  literacy classes that are offered. 1

 Nothing is done to aid the reintegration of
  an ex-prisoner; he cares for himself. 1
                                                83
Niger assessment:

 There are no educational programs in
 the prisons of Niger. Rehabilitation
 programs in general are absent; only a
 few rare workshop equipments and
 trainers remain somehow. 1

 The alcoholics, drug addicts, mentally
 ill, or normal are therefore left to
 themselves and the family during and
 after the detention of the prisoner. 1
                                           84
Zambia assessment:
 Due to lack of equipment and funds, some
  rehabilitation activities had been abandoned.
  Such activities included carpentry and
  joinery, shoe repairing, tailoring, soap
  making, and academic studies. 1

 At the Kabwe prison, prisoners with teaching
  background provide academic education to
  fellow inmates from Grade 5 to GCE ‘O’ level.
  A prison officer coordinates with the Ministry
  of Education to ensure that the syllabus is
  followed. 1
                                                   85
   B. - Key Ways Forward
for Social Inclusion / Social Integration

               regarding

Rehabilitation and Re-Entry
        Programs


                                            86
Photo by Alan Pogue

                      87
 23. Make available to all detainees,
whether sentenced or in remand,
education programmes 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


                                                  88
 24. Together with the institutions of
detention, arrange comprehensive
education programmes aimed at the
development of the full potential of
each detainee. These should aim also
to minimize the negative impact of
incarceration, improve prospects of
reintegration, rehabilitation, self-esteem
and morale.
   - The U.N. Special Rapporteur on the Right
     to Education of Persons in Detention

                                                89
 25. Education programmes
should be integrated with the
public system so as to allow for
continuation of education upon
release.

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

                                               90
 26. Education should be aimed at
the full development of the whole
person requiring prisoner access to
formal and informal education, literacy
programmes, basic education,
vocational training, creative, religious
and cultural activities, physical
education and sport, social education,
higher education and library facilities.
  - The U.N. Special Rapporteur on the Right
    to Education of Persons in Detention
                                               91
 27.Social education should include
 topics of alcohol and drug
 management, anger management,
 alternatives to violence, and sub-
 topics of non-violent communication,
 cooperation, civic responsibility, and
 conflict resolution.

   - NYS Coalition for Rehabilitation and Reentry
     (33 organizations)
                                                    92
 Sample Program Set




                       93
   28. Earlier release should be offered to
    most incarcerated persons, conditioned
    upon their successful completion of
    major rehabilitation programs.
   29. 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.
        - NYS Coalition for Rehabilitation and Reentry
         (33 organizations)


                                                         94
 30. 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.
 - See also UN Universal Declaration of Human Rights,
  Article 21.


                                                           95
  Conclusion: Seeking
      Justice, & Dignity
   by the social development
     and social integration

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

                                     96
97
          resulting in:
   Better social health,
   Less crime,
   More security,
   More productivity, and
   Lower total costs for
    police, judiciary, jails, prisons,
    welfare, medical, and other
    after-effects
                                         98

				
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