Yes / This chapter examines competition and collusion among criminal justice institutions and non-state actors in imprisonment in prisons in Brazil to analyse how both formal and informal dispositions and practices have created and sustain the mass incarceration that is a pre-condition for extensive prisoner self-governance. The chapter thus looks from the outside-in, examining how relationships between extra-mural institutions have created and sustained such an enormous prison population in Brazil. It also analyses these institutions and organisations as intra-mural actors that, through their action or inaction, exercise a key role in shaping the carceral experience for inmates. It highlights the competition between the different actors involved in the penal arena for control of the carceral space and of prisoners, driven by a variety of motives – rent-seeking, moral/philosophical, and territorial.

Submitted by Fernando Souza (fernando@biblioteca.ufpb.br) on 2017-12-21T12:27:20Z No. of bitstreams: 1 Arquivo total.pdf: 27950687 bytes, checksum: cc182fb42203bf6b3714c10f11eec55f (MD5) / Made available in DSpace on 2017-12-21T12:27:20Z (GMT). No. of bitstreams: 1 Arquivo total.pdf: 27950687 bytes, checksum: cc182fb42203bf6b3714c10f11eec55f (MD5) Previous issue date: 2017-08-30 / This paper analyses the perception of detainees about their conditions in the prison: we compared the perception of primary detainee and relapsed one. We work with two groups of detainees. One group that committed homicide and was sent to the prison only once. The other group was sent to the prison more then once, had committed homicide and another infraction, could be homicide or not, with a second time in the prison. In this context we identified some conditions inside the prison. According to them we make the questions to be answered by the detainees. We studied the perception of the family, the lost of work conditions, and the security inside the prison; the infraction causes, the relapse probability and the conditions that help their recovery or not. The diferences found between the two groups show us how the detainees build up their guilt feeling and also the relationship they have with their family. / O objetivo do presente trabalho é analisar a representação que os detentos fazem das suas condições carcerárias, comparando a representação dos primários com a dos reincidentes. Não utilizaremos o conceito de representação no contexto da teoria da "Representação Social" (Moscovici - 1961) mas para indicar tão somente a maneira como os detentos vêm, percebem e sentem suas condições de vida. Nesse sentido, durante todo o trabalho utilizaremos indistintamente os termos representação e percepção para indicar a maneira subjetiva e pessoal como os presos nos dizem sentir, perceber ou representar as condições a que estão submetidos, a partir de sua condenação legal. Dessa maneira, foram utilizados como amostra dois grupos de detentos: o primeiro formado por indivíduos que cometeram delito de homicídio e que estavam presos pela primeira vez; o outro composto por reincidentes que tinham cometido homicídio e outro delito, que podia ser homicídio ou não, com segunda passagem pelo presídio. Dentro deste contexto, vários aspectos das condições do cárcere foram identificados, transformando-se em objeto do questionário aplicado ao detento. Foram estudados, para a representação da família, os seguintes aspectos: a perda das condições de trabalho e de segurança no presídio, as causas do delito, a probabilidade de reincidência e as condições que ajudam ou não a sua recuperação. As diferenças encontradas entre as duas amostras indicam, tanto a maneira como o preso constrói seu sentimento de culpabilidade, como os laços que conservam com a família. Este trabalho limita-se a tentar entender qual a representação que os detentos têm de suas condições carcerárias. Em futuras pesquisas, com metodologia mais adequada, poderá averiguar-se, a partir destes dados, se a experiência carcerária é um dos fatores determinantes da reincidência.

"This dissertation seeks to investigate: (a) whether national human rights institutions are best suited to oversee the improvement of prison conditions; (b) why national institutions are in a better position than others working in this field to monitor the respect of prisoners' rights; and (c) some of the ways in which national institutions can achieve this objective. This will entail an examination of the nature of prisoners' rights and prison conditions and, thereafter, the general character and elements that define national human rights commissions in terms of organization and establishment. These elements will be considered with a view to finding out whether they offer any advantages that can positively influence the conditions of prisons and prisoners and if so, how. It is recognized that national institutions are not the only ones involved in seeking to improve prison conditions. It will be argued however, that even with the existence of the other bodies, there still exists the need for national institutions to be expressly mandated to inspect and monitor the adherence to standards on prisoners' rights. The argument will again be based on the examination of the unique characteristics that these institutions possess as distinguished from other bodies, and the potential these characteristics have to ameliorate the conditions in which prisoners find themselves. ... Chapter one introduces the study and the questions that have prompted the study. Chapter two looks at the nature of pisons, how they began to be and what purposes they serve. This chapter also examines the conditions of prisons in Africa. The scope of chapter three is prisoners' rights, what they are, their justification and the legal regime that regulates their observance. Chapter four focuses on the implementation aspect by looking into what national human rights instiutions are. The final chapter will examine how national institutions have utilized or might utilize their characteristics in favor of the protection of the human rights of prisoners. Conclusions and recommendations will then follow." -- Chapter 1. / Prepared under the supervision of Dr. Jean Allain at the Political Science Department, American University in Cairo, Egypt / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The main topic of this thesis is the fate of people being held in the Pankrác prison in the period of approximately one year after the end of World War II. The base of the thesis are collected testimonies, information about the circumstances of the events at that time from both the present and available contemporary literature and periodicals, their analysis and comparisons as well as adding other relating data from archives and other sources. The introduction and the methodological part is followed by a historical discourse observing the events of the end of World War II in the European context, history of the Pankrác prison since the time of its establishment in 1889, and the Czech-German conflict in the period before the Munich Agreement had been signed and the period of the Protectorate of Bohemia and Moravia, until the transfer of the control over the prison by the Czech administration in May 1945. The individual topics introducing the conditions that prevailed in the Pankrác prison at that time are elaborated in the part devoted to the postwar period. The chapters devoted to the characteristics of prisoners and introduction of the collected testimonies introduce another part describing the circumstances of the detention of persons, their arrival to the Pankrác prison, conditions and...

The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries. Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner. Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment. If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services. / Criminology / (D. Litt et Phil.(Penology))

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)

The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries. Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner. Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment. If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services. / Criminology and Security Science / (D. Litt et Phil.(Penology))

The Constitution of the Republic of South Africa guarantees every person a fair trial; the right to a fair trial right trial must begin and conclude within a reasonable time and without undue delay. Internationally the same guarantees and protections are available to unconvicted suspects. However, the South African criminal justice system lacks behind internationally and falls short of promoting these guarantees. Investigation was done on delays in commencing and finalising trials in light of constitutional provisions, the consequence and the impact of the delay with discussion on prison conditions and overcrowding with reference to the Constitutiton, legislation and case law. Delayed trial, prison overcrowding and poor prison conditions are still an issue in South Africa and there needs to be positive change to enforce and practice prescribed directives. South Africa‟s justice system through its servants, need to do more to gain a higher status of having a constitutionally democratic country that fully promotes‟ rights of detainees. / Criminal & Procedural Law / LLM

This study explores and critically analyses the lived experiences of female inmates in six selected prisons in Cameroon. The study contributes to the available knowledge regarding prison conditions from the perspectives of female inmates– a subject which has been under researched globally and has received little attention from researchers in Cameroon. The Cameroon Penitentiary Regulation (CPR) professes to be gender neutral and, therefore, it ignores the special needs of female inmates. The central research question is: How do the national policies and laws on prison conditions in Cameroon relate to the lived and narrated experiences of female inmates? The study is informed by two major frameworks, namely, Foucault’s analytical framework from his seminal work Discipline and Punish (1977) and a feminist analytical framework, standpoint feminism, which fills the gap in Foucault’s thesis that is largely devoid of gender analysis. The study is qualitative, using in-depth interviews and observations. It involved a sample of 38 research participants, comprising 18 female inmates, 18 prison staff members and two NGO representatives. The findings reveal that both international and national ratified policies are merely “paperwork”, lacking effective implementation in the prisons selected for this study. There is a general lack of infrastructural facilities in prisons and this prevents classification as suggested by the CPR 1992 and ratified international instruments. In general, there was a lack of educational and other training facilities in all the prisons visited. The few educational facilities available were those supported by NGOs and FBOs, suggesting that, without their presence in prisons, prison conditions would have been even more appalling than the findings revealed. Torture and corporal punishment were meted out to female inmates, regardless of the regular visits by human rights organisations to prisons. There are no provisions made for conjugal visits in the prisons. Same-sex relationships exist in Cameroonian prisons, either because of sexual preference or as a substitute for heterosexual relationships. The reform of the dated CPR 1992 and the Cameroon Penal Code 1967 is essential. Such reform should take into consideration both the specific needs of female inmates and current debates on the imprisonment of women. / Sociology / D. Litt. et Phil. (Sociology)

This study explores and critically analyses the lived experiences of female inmates in six selected prisons in Cameroon. The study contributes to the available knowledge regarding prison conditions from the perspectives of female inmates– a subject which has been under researched globally and has received little attention from researchers in Cameroon. The Cameroon Penitentiary Regulation (CPR) professes to be gender neutral and, therefore, it ignores the special needs of female inmates. The central research question is: How do the national policies and laws on prison conditions in Cameroon relate to the lived and narrated experiences of female inmates? The study is informed by two major frameworks, namely, Foucault’s analytical framework from his seminal work Discipline and Punish (1977) and a feminist analytical framework, standpoint feminism, which fills the gap in Foucault’s thesis that is largely devoid of gender analysis. The study is qualitative, using in-depth interviews and observations. It involved a sample of 38 research participants, comprising 18 female inmates, 18 prison staff members and two NGO representatives. The findings reveal that both international and national ratified policies are merely “paperwork”, lacking effective implementation in the prisons selected for this study. There is a general lack of infrastructural facilities in prisons and this prevents classification as suggested by the CPR 1992 and ratified international instruments. In general, there was a lack of educational and other training facilities in all the prisons visited. The few educational facilities available were those supported by NGOs and FBOs, suggesting that, without their presence in prisons, prison conditions would have been even more appalling than the findings revealed. Torture and corporal punishment were meted out to female inmates, regardless of the regular visits by human rights organisations to prisons. There are no provisions made for conjugal visits in the prisons. Same-sex relationships exist in Cameroonian prisons, either because of sexual preference or as a substitute for heterosexual relationships. The reform of the dated CPR 1992 and the Cameroon Penal Code 1967 is essential. Such reform should take into consideration both the specific needs of female inmates and current debates on the imprisonment of women. / Sociology / D. Litt. et Phil. (Sociology)