are prisons really schools for terrorism? -...
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Philippine Update: 2-3 August 2016Dr Clarke JonesSchool of Regulation and Global GovernanceAustralian National [email protected]
Are prisons really schools for terrorism?
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Introduction• My research focuses primarily on the Philippine correctional
system – although international comparisons have been undertaken
• It focuses on two of the main correctional facilities where terrorist inmates are held:– New Bilibid Prison (NBP), which integrates terrorist inmates into
the general prison population – Metro Manila District Jail (MMDJ), which segregates its terrorist
inmates from the mainstream prisoners.
• The prison regimes offer a vital contrast and a natural experiment for our exploration of the impact of the prison environment on terrorist inmates
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Introduction• Using classic penological theory (Clemmer (1958), Sykes (1958),
Wheeler (1961) etc), the research challenges much of the contemporary thought on prison radicalisation and recruitment
• It examines several factors that may affect prison radicalisation and recruitment including:– the prison environment – the prison regime– inmate culture– social barriers– basic survival needs
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Research Questions• Can different methods of incarceration, such as integration or
dispersal, contribute to changes in beliefs and behaviour in terrorist inmates?
• Can the prison environment act to inhibit terrorist offenders from radicalising mainstream prisoners?
• Do the ‘pains of imprisonment’ enhance or inhibit terrorist inmates from radicalising mainstream prisoners?
• Are there different stages of a prison sentence where terrorist inmates are more likely to be disengaged from their militant pasts?
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Philippine Counter-Terrorism Laws• No specific offences for terrorism
• Anti-Terrorism Law - Human Security Act 2007– Article 3 defines terrorism as the commission of certain crimes,
including murder, piracy, kidnapping, arson, and the destruction of property, that “sows and create a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.”
• The act sets the mandatory sentence for the crime of terrorism at 40 years without parole
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Philippine Correctional System • Consists of 1344 different types of prisons and jails - not including police ‘lock-
ups’
• Over 133,000 adult offenders
• Overcrowding is a significant problem - total capacity of Philippine prisons and jails combined is only around 35,000 inmates
• Overcrowding varies between 250 - 400 per cent (More than 400% in Quezon City Jail)
• There are a total of 555 terrorist inmates
• No offences for terrorism, but sentenced on kidnapping, murder, bombing and rebellion offences
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International Comparison• US – 2.3 m total: 430 terrorist offenders
• UK – 85,128 total: 162 terrorist offenders
• Canada – 40,633 total: 35 terrorist offenders
• Australia – 36,134 total: 52 terrorist offenders
• France – 66,678 total: 240 terrorist offenders
• Indonesia – 180,347 total: 270 terrorist offenders
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New Bilibid Prison (NBP)
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NBP• Opened in 1940, NBP is the largest in the
Philippines with a total population of just over 36,000 inmates
• Maximum Security section alone has approximately 15,500 inmates
• Now passing 210 per cent overcrowded– Over-stayers being the major problem– Ineffectual judicial system
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NBP - Overcrowding
• Over-stayers being a major problem
• Lack of resources and space
• Ineffectual judicial system
• Contributes to the development of prison gangs
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NBP• Approximately 80% are Christians (majority Catholic)
• Of the remaining 20%, around 1,600 are Muslims
• Around 45 are known to be terrorist offenders due to their associations with proscribed terrorist groups – (even though they have been convicted for criminal offences)
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NBP• One mosque - al-Rahma
• The al-Rahma Arabic and Islamic School was founded in 2008
• NBP management became aware of the school in 2013
• Approximately 240 inmates have graduated in basic Arabic reading and writing (hard to verify exact figure)
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NBP
• Terrorist inmates are integrated with the mainstream prisoners and distributed among 12 different gangs
• Gang territory is clearly defined
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NBP• Terrorist inmates are not obliged to join a gang
– Gang membership provides inmates with a sense of order and discipline, protection, kinship, income and rehabilitation
– Gang pressure usually results in terrorist inmates joining a gang
• The gangs vary in size depending on their city or region of origin, the largest coming from Metro Manila
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NBP• Terrorist inmates are given no special classification
and are not treated any differently to other prisoners
• Over a period of time (?), fitting in with gang culture appears to become a primary objective for survival– Is radicalising other inmates a secondary consideration?
• Pressures to conform to the prison environment and the demands of the various dominant social groups seem unavoidable
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NBP• Prison gangs are usually the main source of violence and
disruption– Usually over illicit enterprises and control of turf
• Gang loyalty is very strong– The gang is their family and being part of a family is ingrained in
Filipino culture – Dire consequences for any inmates who disrespect or betray
their Bosyo
• Powerful social pressures – social interaction and belonging to a group helps inmates escape
some of the pains of imprisonment
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Metro Manila District Jail (MMDJ
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MMDJ• Is the main maximum security jail in the Philippines for
individuals on remand and for those sentenced to less than three years
• Is administered by the Bureau of Jail Management and Penology
• Has total jail population of over 1,200 inmates
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Special Intensive Care Area (SICA) 1& 2
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SICA (1)• There are four levels
– Lower floor - Terrorist inmates
– Second floor - New People’s Army (NPA) inmates
– Third floor - Chinese drug traffickers
– Forth floor - TB sufferers
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SICA (1)
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SICA (1)• Currently houses around 370 detainees
• 250 are suspected of being members of terrorist organisations including:
– the Abu Sayyaf Group (ASG) – the Moro Islamic Liberation Front (MILF) – Rajah Sulaiman Movement (RSM)– Jemaah Islamiyah (JI) – The Moro National Liberation Front (MNLF)– Bombing Suspects (Affiliation Unknown)– New People’s Army (NPA)
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SICA (2)• Four floors designed to house 61 offenders
• 272 VEOs (all MNLF) Arrested after a stand-off in Zamboanga City between AFP and MNLF in September 2013
• Issues of overcrowding and deprivation– In SICA-2, a 3 x 5 meter cell accommodates 12
detainees (0.89m / inmate), while in SICA-1 the same size cell has 6-7 detainees (1.25m / inmate)
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Intervention Initiatives
• Alternative Learning System (ALS) program− Inmates to attend elementary & high school
• Inmates develop livelihood/skills to help:− Reinforce positive behavior (through the
introduction of educational and vocational programs)
− Build self-esteem and identity
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Intervention Initiatives• Regular dialogue with inmate leaders to identify issues
– To help address problems and prevent escalation of issues which might compromise security
• Monitoring of inmates activities, such as socialisationpatterns and group activities– To map out proponents of radicalisation and recruitment– To thwart plans for escape and/or other jail disturbances
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More Recent Developments• In July 2014, a video appeared on the internet showing
VEOs performing a Bay’ah to al-Baghdadi from within SICA 1 facility
• In SICA 1, signs of conversion to Islam of other inmates on the upper floors– Note: In most cases, such conversion is a healthy step for
rehabilitation and minimizes the pains of imprisonment
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SICA• Signs of conversion to Islam of other inmates on the upper floors –
Muslim majority rules
• Recent discussion with inmate Mayors reveal:
– increasing tension – rioting is possible if conditions do not improve
– growing hostility towards Western visitors
– increasing feelings of hopelessness, insecurity and boredom
– frustration from regular cancellation of trials
– frustration from long periods on remand – sometimes up to ten years
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Questions?