The situation of prisons in Africa has been of concern to practitioners in the criminal justice system, researchers, policy makers, the government and even international organizations. Likewise, is the challenge of not having adequate information about prison system in Africa. In addition, most African countries are signatories to international treaties and convention regarding the treatment of prisoners, to what extent are prisons in Africa complying with the provisions and recommendation of such treaties and conventions. This study was therefore designed to explore the prison system in Africa countries. As part of its objectives the study explored the prison condition in countries in Africa as exemplified by the physical structure of the prison buildings; living conditions with regards to overcrowding, medical care, separation of categories, food, sanitation, beds and beddings, administration and independent monitoring. Furthermore, the treatment and prison conditions of pre- trial detainees were also considered. Similarly, this thesis evaluated the treatment and prison conditions of prisoners with special needs. This category of prisoners include prisoners with mental health care needs, prisoners with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS. The conditions and treatment of women prisoners, pregnant women prisoners, and babies living with their mothers in prison were also discussed. The Nelson Mandela Rules, Kampala and Luanda declarations were employed as a bench mark to ascertain whether the treatment and conditions in prisons in Africa meet up to international standards. The study adopted a qualitative approach of inquiry using literature search as mode of inquiry. Data for the study was obtained from books, reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, Amnesty International, international conventions and treaties among others, journals (Local, Africa and International), reports from selected countries, government legislations, policies, Acts, previous studies on prison system, web based information and national data. The review of literature with regards to physical structure revealed that most prisons in African countries do not meet international standards pertaining to the issue of physical structure as most prison building are dilapidated and in bad conditions. The study further revealed that the prisons and treatment of prisoners in African prison do not meet international standards. In specific terms, most of the prisons in countries in Africa are overcrowded; most prisons are also characterized by inadequate medical care with lack of facilities, medical personnel and medications. To a large extent most prisons do not meet international standards with reference to separation of categories as most prisons in countries in Africa lock up awaiting trial persons with convicted persons, minor offenders with adult but in most cases women are separated from men. The food situation in most prisons in countries in Africa did not meet international standards in quantity and nutritional value. The finding of the study indicated that the sanitary conditions in most prisons in countries in Africa is in very poor condition which could lead to an outbreak of diseases, this too did not meet international standards. Most prisons in countries in Africa are typified by lack of beds and beddings, prisoners in some prisons sleep on bare floors while some sleep standing while others sleep in shifts. This condition does not meet international standards. With regards to administration it was equally revealed that the record keeping of most prisons in countries in Africa is inadequate, most prisons do not have an ombudsman where prisoners could lodge their complaints while corruption seem to also be rife. This do not meet international standards as well. However, on a good note, most prisons in countries in Africa do permit independent observers such as NGOs, human rights organisations and international organization to have access to the prisons Furthermore, literature search disclosed that the population of awaiting trial person in prisons in Africa is very high when compared to the total prison population and that some countries in Africa are among countries in the world with highest number of pre - trial detainees. The treatment and living conditions of pre - trial detainees in most prisons in African countries do not meet international standards as they are locked in overcrowded cells, often locked up with convicted persons, no legal representation and having to stay longer that the stipulates without being charged to court. The thesis also conducted literature search on prisoners with special needs and the study point out that in each of the categories, prisons in countries in African countries do not meet international standards. For instance, there are no provisions to meet the mental health care needs of prisoners as there are no mental health practitioners, no facilities and no screening is conducted in most prisons. Similarly, there are no facilities to assist prisoners living with physical disabilities as well as older prisoners. The situation with foreign national prisoners are not different as there are no translation of prison materials that could make them adjust well to prison life, in some cases their consular are not contacted that they are in prison. With regards to prisoners on the death row, their conditions did not meet international standards as they are locked up in solitary confinement for most part of the day and their cells are often dirty with inadequate food and medical care. Some of this category of prisoners have been on the death row for as long as twenty years. For prisoners living with HIV/AIDS their treatment and condition does not met international standards as there are not treatment of any kind neither is there any form of screening conducted for inmates. For women prisoners, the treatment and conditions do not meet international standards as most prisons were not designed with women in mind. The living condition is unsanitary, unhygienic exemplified with inadequate toilet and bathroom facilities as well as no supply of peculiar needs of women such as sanitary towels. Review of literature equally indicates that there is no special treatment given to pregnant women prisoners. For children living with their mothers in prison, their treatment does not meet international standards as there is no special provision made for them, they share food with their mothers, some are locked up with their mothers for hours in overcrowded cells. Based on the finding of this study, some recommendations were made. These include the need to conduct more studies on prisons in countries in Africa, the need to consider reviewing the indigenous methods of treatment of offenders before the advent of colonial masters, need for a synergy amongst all practitioners in the criminal justice. Other recommendations are that there should be more advocacy on the prison conditions, need to establish a special trust fund, involve the private sector as well as professional bodies and to professionalize corrections management / Corrections Management / Ph. D. (Criminal Justice System)

Orientadores: Maria Lygia Quartim de Moraes, João Carlos Soares Zuin / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas / Made available in DSpace on 2018-08-17T17:04:07Z (GMT). No. of bitstreams: 1 Garcia_FernandaDiFlora_M.pdf: 1527594 bytes, checksum: 0fb8462a4b390edbcf3dbf76730c13f1 (MD5) Previous issue date: 2011 / Resumo: Desde o início da década de 1990, os países-membros da União Européia tem se movido em direção a políticas e leis de imigração cada vez mais repressivas, punitivas e de amplo caráter discriminatório. A intensificação desta política bem como a militarização progressiva de suas fronteiras tem construído o fenômeno político denominado fortaleza Europa, constituído por muros reais e virtuais, pela vigilância constante tanto dos limites territoriais como do próprio espaço público e pelas práticas sancionadas pelos Estados de estigmatização dos imigrantes, refugiados e solicitantes de asilo com base em sua origem cultural, fenótipo e etnia. Neste contexto, o Estado italiano aparece como um caso exemplar desta nova política, pautada pela ótica da emergência, da exclusão de todos os seres considerados indesejáveis e pelo racismo de ordem cultural, que concebe o estrangeiro como incapaz de se adaptar aos valores ocidentais, sobretudo aos valores italianos. Esta dissertação tem como objeto a política italiana para imigração, cujo pilar principal é constituído pela instauração dos Centros de Permanência Temporária, espaço de exceção nos quais são confinados os imigrantes ilegais, refugiados e solicitantes de asilo, e nos quais se efetua a espoliação do estatuto jurídico destes seres, convertendo-os em não-pessoas. Nesse sentido, a análise destes espaços e da política que os criou pode ser capaz de revelar o sentido da reaplicação de esquemas racistas na configuração das relações sociais,bem como o lugar ocupado pelo paradigma da segurança e da exceção, nos quais se pautam diversos Estados europeus e que redefinem a política na atualidade / Abstract: Since the early 1990s, member states of the European Union (EU) have moved toward policies and immigration laws increasingly repressive, punitive and discriminatory. The intensification of these policies and the gradual militarization of EU's borders have built a political phenomenon called Fortress Europe, which consists of real and virtual walls, constant surveillance by both the territorial limits and the very public space and practices sanctioned by the States of stigmatization of immigrants, refugees and asylum seekers based on their cultural background, ethnicity and phenotype. In this context, the Italian State appears as a striking example of this new policy, guided by the optics of emergency, the exclusion of all beings that are considered undesirable, and by cultural racism that sees the foreigner as unable to adapt to Western values, especially Italian values. This thesis aims at Italian immigration policy, which main point is the establishment of Temporary Stay and Assistance Centers. These centers are states of exception in which illegal immigrants, refugees and asylum seekers are confined to, their legal status is spoiled, and thus, they are turned into non-persons. In this sense, the analysis of these states and the politics that created them may reveal the meaning of racist reapplication regimens in the social relations set, and the place occupied by the security and exception paradigm, in which several European States are governed redefining the political scene today / Mestrado / Sociologia / Mestre em Sociologia

Indiana University-Purdue University Indianapolis (IUPUI) / Since the 9/11 terrorist attacks, the United States has transferred close to a hundred individuals suspected of terrorism to foreign jurisdictions through a process known as extraordinary rendition. This is an infamous program that allows for the transfer of individuals to a foreign jurisdiction for interrogation, detention, or trial. While the use of extraordinary rendition attracts widespread controversy regarding its use and legality, it remains a vital tool for combating international terrorism. Evidence in this thesis lends support to extraordinary rendition program, but recognizes that while the program strengthens the country’s ability to gather vital intelligence to combat terrorism, there are methods to improve the program. The extraordinary rendition program requires an assessment of the totality of circumstances before a extraordinary rendition is permitted; reliance on diplomatic assurances from countries that hold a good human rights record; and subsequent monitoring of individuals rendered to foreign states to ensure that transfers comply with U.S. and international law. Evidence suggests that extraordinary rendition aids in the ability to gather sensitive intelligence and serves as a gathering tool used by American presidents to preserve freedom and peace; however, in the eyes of critics, this program represents a perversely autonomous and un-American legal maneuver that avoids due process. This thesis seeks to discuss common misconceptions associated with the extraordinary rendition program and identify the major points of controversy. The first part explores the history of the extraordinary rendition program and provides an understanding of its roots and procedures. The second part, discusses the executive branch’s attempts to conduct extraordinary renditions morally and responsibly, and examines the legal oversight and accountability gaps surrounding the program. Part three identifies the line of authority empowering the President to conduct extraordinary renditions. It also outlines the struggle of the legislative, judicial and executive branches to strengthen the extraordinary rendition program’s compliance with the rule of law by increasing oversight and accountability. Finally, Part four discusses the future of the extraordinary rendition program. The discussion presents possible solutions to correct oversight and accountability problems and suggests a multi-faceted approach that raises the bar for extraordinary renditions, thereby closing the oversight and accountability gaps.