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375 GROUP 1 PRACTICAL MEASURES TO ALLEVIATE THE PROBLEM OF OVERCROWDING Chairperson Mr. Iftikhar Ahmad Rao (Pakistan) Co-Chairperson Mr. Zulkifli Bin Omar (Malaysia) Rapporteur Mr. Peterson Kamunyu Muhoro (Kenya) Co-Rapporteur Ms. Rebecca Ang Santamaria (Philippines) Members Mr. Roy A. Murillo (Costa Rica) Mr. Masamitsu Fujioka (Japan) Mr. Hiroshi Kubo (Japan) Mr. Naokuni Yano (Japan) Advisers Prof. Yuichiro Tachi (UNAFEI) Prof. Hiroshi Iitsuka (UNAFEI) Prof. Mikiko Kakihara (UNAFEI) REPORTS OF THE COURSE I. INTRODUCTION The group was assigned to review, analyze and discuss the problem of overcrowding in correctional institutions and to come up with suggestions on considered remedial measures. We analyzed the concept of ‘overcrowding’ and explored issues related to it. Briefly the group outlined these issues as: - the official correction capacities authorized by each country, - the available single cells verses dormitories accommodation, - the periodical peaks and lows experienced by correctional institutions over a given period, - and the variations between one prison and another caused by the application of allocation and classification criteria. Members of the group generally agreed that overcrowding exists in correctional institutions in many countries. They were also of the view that overcrowding in correctional institutions brings with it management problems that make it difficult to implement effective treatment programs. The group therefore adopted a three-tier approach to deal with this topic thus; To review the actual overcrowding situation in each participant’s country. To critically examine the possible causes, and To offer possible countermeasures In discussing this topic, the members agreed to extensively make use of : S Individual Presentation Papers already submitted during the plenaries. S Review existing materials and literature relevant to this topic. Consult the experience and opinion of the advisers that have been attached to the group. S Lectures by the visiting experts and faculty members. Right from the start the group agreed to adopt a working definition of overcrowding as a situation where the correctional institution holds or accommodates prisoners or offenders over and above the statutory capacity or the conventionally accepted space per prisoner. Overcrowding

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Page 1: GROUP 1 - UNAFEI · 2018-08-01 · followed by Pakistan at 127.5%, Philippines by 56.4%, Costa Rica at 20.4%, and Malaysia 4.8 %. The last two are noticeable for the low levels recorded

375

115TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

GROUP 1

PRACTICAL MEASURESTO ALLEVIATE THE PROBLEM OF OVERCROWDING

Chairperson Mr. Iftikhar Ahmad Rao (Pakistan)Co-Chairperson Mr. Zulkifli Bin Omar (Malaysia)Rapporteur Mr. Peterson Kamunyu Muhoro (Kenya)Co-Rapporteur Ms. Rebecca Ang Santamaria (Philippines)Members Mr. Roy A. Murillo (Costa Rica)

Mr. Masamitsu Fujioka (Japan)Mr. Hiroshi Kubo (Japan)Mr. Naokuni Yano (Japan)

Advisers Prof. Yuichiro Tachi (UNAFEI)Prof. Hiroshi Iitsuka (UNAFEI)Prof. Mikiko Kakihara (UNAFEI)

REPORTS OF THE COURSE

I. INTRODUCTION

The group was assigned to review,analyze and discuss the problem ofovercrowding in correctional institutionsand to come up with suggestions onconsidered remedial measures. Weanalyzed the concept of ‘overcrowding’ andexplored issues related to it. Briefly thegroup outlined these issues as:

- the official correction capacitiesauthorized by each country,

- the available single cells versesdormitories accommodation,

- the periodical peaks and lowsexper i enced by c o r re c t i ona linstitutions over a given period,

- and the variations between oneprison and another caused by theapplication of al location andclassification criteria.

Members of the group generally agreedthat overcrowding exists in correctionalinstitutions in many countries. They werealso of the view that overcrowding incorrectional institutions brings with itmanagement problems that make itdifficult to implement effective treatmentprograms.

The group therefore adopted a three-tierapproach to deal with this topic thus;

• To review the actual overcrowdingsituation in each participant’scountry.

• To critically examine the possiblecauses, and

• To offer possible countermeasures

In discussing this topic, the membersagreed to extensively make use of :

S Individual Presentation Papersalready submitted during theplenaries.

S Review existing materials andliterature relevant to this topic.Consult the experience and opinionof the advisers that have beenattached to the group.

S Lectures by the visiting experts andfaculty members.

Right from the start the group agreed toadopt a working definition of overcrowdingas a situation where the correctionalinstitution holds or accommodatesprisoners or offenders over and above thestatutory capacity or the conventionallyaccepted space per prisoner. Overcrowding

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RESOURCE MATERIAL SERIES No. 57

may also be viewed from the perspective ofthe limitations it causes to effectiveimplementation of treatment programs.

The formula applied to calculate levelsof overcrowding is :

Average Daily Population in Prisonproportional to the available capacity perhundred percent (ADP/CAPACITY (100 %)).

II. ACTUAL SITUATION OFOVERCROWDING

A. IntroductionThe participants in this group reported

varying levels of overcrowding incorrectional institutions in their respectivecountries.

In brief, the level of overcrowding is ashere outlined. Japan has a population of126 million. It is also recorded as havingthe lowest number of prisoners per 100,000population. The prison population iscurrently (-17.1%) below the availablecapacity i.e. prisoners versus the availablespace stands at 82.9%. On the other handin this group is a representative fromKenya where there is 150.4% overcrowding,followed by Pakistan at 127.5%, Philippinesby 56.4%, Costa Rica at 20.4%, and Malaysia4.8 %. The last two are noticeable for thelow levels recorded.

The following Tables reflect theovercrowding situation and the proportionof convicted and unconvicted prisoners.

Table two attempts to find out the statusof the prisoners held in custody incorrectional institutions i.e. convicted orunconvicted. In all the countries, convictedprisoners account for more than 70% of thetotal prison population. For example CostaRica has 80%, Japan has 82%, Kenya has74%, Malaysia has 71% and the Philippineshas 62%. The general trend therefore isone where the overcrowding situation is asa result of holding more convicted offenders

relative to the available space. It is only inPakistan which has 22.4% of convictedoffenders.

Country Population Prison Capacity Number of No. of Prisoners/ Percentage of

In Millions Prisoners 1000,000 Population Overcrowding

Costa Rica 3.6 4,296 5,173 143.7 20.4%

Japan 126.0 63.625 52.715 41.8 (-17.1%)

Kenya 28.5 14,000 35,058 123.0 150.4%

Malaysia 23.0 23,884 25,029 108.8 4.8%

Pakistan 126.81 34,700 78,938 62.2 127.5%

Philippines 68.6 45,000 70,383 87.2 56.4%

TABLE ONE

Comparative Levels of Overcrowding in Prisons

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B. Actual Situation of Participants’Countries

1. Costa Rica(i) During the last few years, Costa Rica

has shown a growth in the penalpopulation and this phenomenon hascaused a problem of overcrowding. Ithas however been fairly alleviatedbecause several new prisons wereconstructed a few years back. In1 9 9 9 , t h e a v e r a g e r a t e o fovercrowding was 20%, but in someinstitutions the percentage reached80%.

(ii) CausesOvercrowding in Costa Rica is causedby the tendency of long termsentences, delays in trials, and theinappropriate use of non-custodialmeasures.a. Tendency of long term sentences

The average length of a sentenceof imprisonment has beenincreasing yearly. In 1999, thepercentage of convicted prisonerswho have been sentenced for

Ref.: Statistic Department, Minister of Justice

1997 3.4327 5,747 4,922 4,420 1,327 3,029 167.4 88.24 62.5 %(70%) (30%)

1998 3.4964 6,187 5,026 4,929 1,258 3,899 177.0 111.51 28.90%(74%) (26%)

1999 3.5587 6,202 5,173 4,957 1,245 4,296 174.3 120.72 20.40%(75%) (25%)

Popula-tion In

MillionsYear Penal

Population

Numberof

Prisoners

Number ofConvictedPrisoners

Number ofUnconvictedPrisoners

PrisonCapacity

No. of PenalPopulation/

100,000Population

No. ofCapacity/100,000

Population

Percentageof

Overcrowding

TABLE TWO

Comparative Levels of Convicted and Unconvicted Prisoners Relative toOvercrowding

Country No.of Convicted Unconvicted Percentage ofPrisoners Prisoners Prisoners Overcrowding

Costa Rica 5,173 4,906 1,245 20.4%(80%) (20%)

Japan 52,715 43,464 9,251 (-17.1%)(82%) (18%)

Kenya 35,058 25,974 9,084 150.4%(74%) (26%)

Malaysia 25,029 17,676 7,353 4.8%(71%) (29%)

Pakistan 78,938 17,697 61,241 127.5%(22.4%) (77.6%)

Philippines 70,383 43,486 26,897 56.4%(62%) (38%)

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more than 16 years went up by12%. During the same year,imprisonment was used in morethan 90% of the cases. This wasprobably because of the publicand pressure for more and morepunishment. The legal reform of1998, maximum statutory lengthof penalty was extended from 25to 50 years and this hascontributed to increasing theaverage length of sentence.

b. Delay in TrialCurrently the average period oftrial from prosecution untilsentencing is about seventeenmonths. This is due to theshortage of public prosecutorsand judges.

c. Inappropriate Use of Open PenalCenters and Conditional Release.In the last three years, thepercentage of prisoners in closedcenters is more than 85%. Thisfigure seems to indicate that

there is excessive utilization ofclosed imprisonment by thepenitentiary system.

2. Japan(i) In 1999, there were 67 prisons and 7

detention houses (excluding thejuvenile classification homes and thejuvenile training schools.). Thepercentage of accommodation rate in1998 was 82.9 percent. Correctionalinstitutions as a whole in Japan arenot overcrowded.

The acknowledged number of offenceshas increased consistently for the last tenyears. The accommodation rate of penalinstitutions has been rising every year andsome penal institutions like female prisonsor prisons for those convicts who do nothave advanced criminal tendency haveb e e n e x p e r i e n c i n g p r o b l e m s o fovercrowding. This is a trend that raisessome concern to the administration of penalinstitutions and is to be watched in future.

Year Population Number of Number of Number of Number ofIn Millions Offences Prisoners Convicted Prisoners Unconvicted Prisoners

1996 125.86 1,812,119 49,414 40,515 8,899(81.99%) (18.01%)

1997 126.17 1,899,564 50,897 41,868 9,029(82.26%) (17.74%)

1998 126.49 2,033,546 52,715 43,464 9,251(82.45%) (17.55%)

Ref: White Paper on Crime 1997 - 1999

Year Prison Capacity No. of Prisoners/ No. of Capacity/ Percentage of100,000 Population 100,000 Population Overcrowding

1996 64,770 39.3 51.5 -23.7%1997 64,404 40.3 51.0 -21.0%1998 63,625 41.7 50.3 -17.1%

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(ii) Reasons for No Overcrowding inJapanGenerally, overcrowding may becaused by delay in investigations,inadequate use of non-custodialmeasures and others, but Japan doesnot have these problems.a. Strict Observation of Law

The Code of Criminal Procedurerequires police and publicprosecutors to handle one casewithin the confinement period of2 3 d a y s o r l e s s a t t h einvestigation stage. Thisrestriction of period is observedstrictly by them. Also at the trialperiod, cases requiring long trialperiods have been limited to onlybrutal or complicated cases. Theratio of cases whose trial periodswere within three monthsexceeded 70 % in the courts offirst instance in 1998. The ratioof cases that took more than oneyear in the trial period was only1.7 %. These figures have notchanged much in recent years.

b. Adequate Use of BailJapan has a bail system after theinitiation of prosecution. Thenumber of defendants who werereleased on bail in the courts offirst instance was about 16 % in1998. Though at first sight thisfigure seems to be low, this isbecause the number of bailrequests was not so high.Realistically more than half thenumber of the requests for bailwere accepted by the judge beforethe first trial date.

c. Effective Use of Non-custodialmeasuresAs f o r the non - cus tod ia lmeasures , there are suchmeasures as disposition of pettyoffences at the police stage,suspension of prosecution at

public prosecutors stage, andsuspension of execution ofsentence at trial stage. Thesesystems are being utilizedaccordingly. For instance, therate of suspension of prosecutionof criminal code offence was 34.9% in 1998. The rate of suspensionof execution of sentence was 63%for imprisonment with labor and95.8 percent for imprisonmentwithout labor. The ratio of thenumber of newly admittedprisoners per the total number ofoffenders (penal code offendersand special law offenders)received by public prosecutorsoffices was only 2.06% in 1998.These figures show that manycases are diverted at each stage.

d. Effective Use of ParoleMoreover, at the stage of theexecution of punishment, releaseon parole is effectively used. Therate of release on parole was 58.2percent in 1998.

(iii) As mentioned above, the number ofcrimes and the accommodation ratehas been increasing in the last fewyears. We can analyze that one of thereasons for the recent increase of theaccommodation rate in Japan is theincrease in the number of crimes/prisoners. And the reasons of therecent overcrowding situation in thefemale or non-advanced criminaltendency prisoners’ prison resultsfrom the lack of facilities which canaccommodate them, while thenumber of such kinds of prisonerskeeps on increasing and theclassification is strictly done.

3. Kenya(i) Overcrowding in prison penal

i n s t i t u t i o n s i n K e n y a h a sconsistently been a problem. Themagnitude of this problem however

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varies from one penal institution toanother. Example: the mediumsentence prisons are relatively moreovercrowded than others whileprisons based in major townsexperience more overcrowdingrelative to those in district ruralareas.As at the week of 18 February 2000,

the average daily prison populationwas as shown in the following table.Compared with late 1970’s and early1980’s the prison population hasrapidly risen from 24,239 to 35,058.The overcrowding has been veryrapid and steep more than doublingup (from 73% to 150.4%) between1979 and 1999.

(ii) Causes of Overcrowding in KenyaT h e m a i n c a u s e s o f p r i s o novercrowding in Kenya are thefollowing:a. Inadequate Finances

Prisons like all other governmentpublic institutions are fundedfrom public finances. Like allother public institutions theyhave to make a strong case tojustify their demand for fundsand in this they compete withothers for the available nationalfunds. This is in spite of the factthat their function and roles aremandatory. With a decliningnational economy, funds madeavai lable to prisons haveproportionally been declining ata t i m e w h e n t h e p r i s o npopulation has actually beenincreasing. The inadequatefinances lead to cut backs on mostprison activities. At best, mostof the prison programs operate athalf or less of their capacityperformance levels. This has leadto correctional staff focusingmore on secure custody at the

expense of corrections andrehabilitation and thus placingconstraints on the essential earlyrelease measures of remissionand good conduct sentencereduction measures. As a result,the length of prison sentenceserved by inmates is in mostc a s e s a s p e r t h e c o u r t soriginating orders.

b. Lack of Early Release MeasuresThe “end line” early releasemeasures that have beeneffectively utilized elsewhere arelacking or under utilized. Theparole program especially iscompetently capable of downloading prison population by athird or more. It is howeverunavailable and therefore thereis no opportunity to utilize thisearly release program. Thismeans that the length ofsentences served in Kenya isrelatively greater.Prisoners end up staying longerin correctional institutions forperiods unrelated to trainingneeds. As mentioned earlierremissions, general pardon and

Ref: Prison Annual Report

Year Population Number of Number of Number of Prison No. of Prisoners/ No. of Capacity/ Percentage ofIn Millions Prisoners Convicted Unconvicted Capacity 100,000 100,000 Overcrowding

Prisoners Prisoners Population Population1999 28.50 35,058 25,974 9,084 14,000 123.0 49.1 150.4%

(74.09%) (25.91%)

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115TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

other early release measures areapplied ad-hoc and therefore onlymarginally impact on prisonsovercrowding.

c. Inadequate Use of AlternativesThe magistrates/courts whichhave the first jurisdiction andprocess over 80 % of the criminalproceedings annually sparinglya p p l y n o n - c u s t o d i a lcountermeasures. Ordinarily,the proportion of imprisonmentcompared with probation orders,community service orders andother supervisory orders are low.The mindset in sentencing is toconsider imprisonment as thesentence of first choice. Thisinevitably creates a very fastbuild up of prison population.This has been the trend in thelast ten years. The occasionalmass state pardons do not seem

to have had a lasting impactbecause barely six months after,the same levels are reached. Assuch there is presently no cut-offon prison overcrowding in Kenya.

4. Malaysia(i). The actual situation of overcrowding

in Malaysia fluctuates and the trendshows that the prison populationdeclined from 29,150 in 1998 to25,019 in 1999. The percentage ofprison overcrowding decreased from32 % to 4.75 %. The main reason forthis decline is that in 1998 manyforeign prisoners were deported totheir own countries and the practicewill continue in future.As of 2 March 2000 there was amarginal increase of the penalpopulation from 25,019 to 25,029 andthe percentage of overcrowding rosefrom 4.75% to 4.8%.

(ii) Causesa. Lack of Alternative Measures

The main reason of overcrowdingin Malaysia is the lack ofa l t e r n a t i v e m e a s u r e s t oimprisonment. This is because thepublic has a very strong influencein favor o f imprisonmentparticularly for heinous crimes.

b. Increase in Number of CrimesThe increase in the number ofcrimes committed especially

under the Dangerous Drug Actand the Immigrat ion Actaggravate the overcrowding rate.Malaysia is the place of transitfor drug smugglers. The steadyflow of foreign workers alsocontr ibutes to the pr isonpopulation. The foreign prisonerscharged under the ImmigrationAct in 1998 were 5,051 prisonersand as of 2 March 2000 thenumber of foreign prisoners was

Ref: Malaysia Prison Department

31-Dec 22.20 29,150 25,427 22,666 6,484 22,085 131.3 99.48 32.0%-98 (89.14) (10.86)

31-Dec 22.80 25,019 21,966 19,649 5,370 23,884 109.7 104.75 4.75%-99 (89.45) (10.55)

2-Mar 23.00 25,029 22,176 17,676 7,353 23,884 108.8 103.84 4.79%-00 (79.71) (20.29)

Year PopulationIn

Millions

PenalPopulation

Numberof

Prisoners

Number ofConvictedPrisoners

Number ofUnconvictedPrisoners

PrisonCapacity

No. ofPrisoners/100,000Population

No. ofCapacity/100,000Population

Percentageof

Overcrowding

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5,068.c. S l o w a n d I n e f f i c i e n t

Administration in the CriminalJustice SystemThe shortage of judges andmagistrates and a lso theincreasing workload causes delayin trials and makes the period ofremands longer. The increase ofawaiting trial prisoners inM a l a y s i a a l s o c r e a t e sovercrowding.

5. Pakistan(i) There are vastly diverse ways to

measure overcrowding. Here thesimplest method is used and involvescomparing the state set capacity ofprisons and the actual number ofprison inmates on a given day. If thelatter exceeds the former (more than100%), one could conclude that thep r i s o n s y s t e m i s g e n e r a l l yovercrowded. Pakistan with apopulation of 120 million has 76prisons with a capacity of 34,700inmates. Against this capacity81,904, 73,884 and 78,938 prisoners

were housed during 1997, 1998 and1999 showing an overcrowding of136%, 112%, and 127% respectivelywhereas the imprisonment rate per100,000 population was 68.2, 61.5and 65.7 in the same order during theabove period. The table belowpresents occupancy rates for the lastthree years ie 1997, 1998 and 1999.The highest rate of overcrowding hasbeen in the year 1997, which shows136% overcrowding.The careful perusal of the tableindicates a fluctuating prisonpopulation during these three yearshence, no special trend settinginference can be drawn. During the70s the position was not grave, butwith rapid changing socio-economicconditions, process of globalizationexposure of youngsters to worldmedia and increases in populationhas resulted in the growth of theprison population. In addition to theabove there are a number of othercauses of over crowding, which arediscussed hereinafter.

(ii) Causes of Overcrowding in Pakistana. Delay in Judicial Disposition of

casesOvercrowding of unconvictedprisoners is a common problemin many countries, however inthe present group, Pakistan is

the only country where thisproblem is more pronounced.The number of unconvictedprisoners have shown a sharpupward trend during the lastthree years which not onlyreflects a very low conviction

Ref: Home Department Government of Punjab, NWFP, Sindh, Baluchistan,

Year Population Number of Number of Number of Prison No. of Prisoners/ No. of Capacity/ Percentage ofIn Millions Prisoners Convicted Unconvicted Capacity 100,000 100,000 Overcrowding

Prisoners Prisoners Population Population1997 120.00 81,904 50,318 31,586 34,700 68.3 28.9 136.0%

(61.44%) (38.56%)1998 123.36 73,884 15,777 58,107 34,700 59.9 28.1 112.9%

(21.35%) (78.65%)1999 126.81 78,938 17,697 61,241 34,700 62.2 27.4 127.5%

(22.42%) (77.58%)

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percentage, but also indicatesslow judicial disposition of cases.The reasons are shortages ofjudges, magistrates, police,prosecuting officers and above allinsufficient court officials whoare over worked. The otherreasons are postponement ofcases, witnesses not availabledue to all sorts of reasons,lawyers engaged in other courts,incomplete investigations, policeofficers (due to other multifariousduties) are either not available ornot well prepared to face thecourt and counsel for the accused.The influence of corruption andinsufficiency are also consideredcontributing factors in thisregard. Although unconvictedprisoners are eligible to obtainrelease on bail, inadequate use ofbail provisions result in increasesin remand population.

b. L a c k o r L i m i t e d U s e o fA l t e r n a t i v e M e a s u r e s t oImprisonmentThis i s one o f the majorcontributory factors towards anincrease in the prison population.Although we have fines andsuspension of sentence asa l t e r n a t i v e m e a s u r e s t oimprisonment, these are not veryfrequently used particularly inheinous crimes. In fact publicperception about the punishmenti s t i l t e d m o r e t o w a r d simprisonment than alternativemeasures. That is one of thereasons that the courts havesparingly used alternatives.Cases have also come to thenotice where a number of finedefaulters are serving prisonsentences because of inability topay.

c. Lack or Limited Use of EarlyRelease Measures and After CareServicesAlthough we have sufficient earlyrelease measures like remission,pardons, parole, treatmentprogram within prisons and aftercare services, they are far belowoptimum level. As a result therate of recidivism is increasing.In fact prisons are considered asnurseries for the training of firsttimer offenders to turn them intohardened criminals. On the otherhand, one school of thought is ofthe view that the lack or nonavailability of facilities withinprisons or bad prison conditionsact as deterrents and results in areduction of recidivism. But infact it is the other way round anda very negligible proportion of theprison population fall under thiscategory.

d. Lack of ResourcesFinancial constraints lead todeficient space and facilities forthe prisoners ultimately leadingto overcrowding. In Punjab,which is one of the biggestprovinces of Pakistan only 10new jails have been constructedafter independence, where as thepopulation has increased tenfold.Hence, due to the non-availabilityof space for the penal populationthe overcrowding is not onlyincreasing rather it has alreadyreached an alarming stage.

6. The Philippines(i) G e n e r a l l y, t h e c o r r e c t i o n a l

institutions in the Philippinesoperating under three distinct ands e p a r a t e d e p a r t m e n t s ( t h eD e p a r t m e n t o f J u s t i c e , t h eDepartment of Interior and LocalGovernment and the Department of

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Social Welfare and Development) areexperiencing overcrowding problemsin their respective correctionalfacilities. It is pointed out that thecapacity of its facilities is not enoughto accommodate the increasingnumber of offenders.The estimated population of thePhilippines in 1999 was 80.7 million.It recorded an average increase of 6%per year. In 1999, the recordednumber of the penal population was70,383 or its equivalent to 87.2prisoners per 100,000 population. Ithas an average yearly increase of9.6%. In 1997, the ratio between theadult and youth population was86.5% and 13.5% respectively; in1998, it increased to 91% and 9%; andin 1999 registered a slight decreaseto 86.5% and 13.5%. In three yearstime, the average ratio between theadult and juvenile offenders was 88%

and 12% respectively.The measurement of capacity in thecorrectional facilities varies from thek i n d o f t r e a t m e n t a n daccommodation afforded to them bythe three distinct departments. ForDSWD, the quarters of youthoffenders are of dormitory typewherein each offender is providedwith two square meters bed spaceand another two square meters openspace for easy mobility. In 1999, theovercrowding situation in thefacilities for youth offenders went upto 21.8%. On the other hand, theBureau of Corrections under theDepartment of Justice providingcustodial care to convicted nationalprisoners (3 years above sentence)reported that the average living spacefor each offender is 1.82 squaremeters. The overcrowding is howevercompensated by wide-open spaces for

Year Population No. of Prison No. of Prisoners/ No. of Capacity/ Percentage ofIn Millions Prisoners Capacity 100,000 100,000 Overcrowding

Population Population1997 72.60 58,552 43,000 80.7 59.2 36.2%1998 76.60 64,668 45,000 84.4 58.7 43.7%1999 80.70 70,383 45,000 87.2 55.8 56.4%

Year Type of Penal No. of Convicted No. of Unconvicted Prison Percentage ofOffenders Population Prisoners Prisoners Capacity Overcrowding

Adults 50,558 25,795 24,873 36,000 40.4%

1997 (51.02%) (48.98%)

Juveniles 7,994 0 7,994 7,000 14.2%(100%)

Adults 58,893 37,482 21,411 38,000 55.0%

1998 (63.64%) (36.36%)

Juveniles 5,775 0 5,775 7,000 -17.5%(100%)

Adults 61,857 43,486 18,371 38,000 62.8%

1999 (70.30%) (29.70%)

Juveniles 8,526 0 8,526 7,000 21.8%(100%)

Ref: Bureau of Corrections, DSWD Annual Report

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playgrounds inside the prisoncompounds. The state of overcrowdingis even more serious in district,municipal, city and provincial jailsmanaged by the Department ofInterior and Local Government.

(ii) Causes of Overcrowding in thePhilippinesa.Slow Administration in the

Criminal Justice ProcessThe table attached herewiths h o w s t h a t t h e a v e r a g ep e r c e n t a g e b e t w e e n t h eunconvicted and convictedprisoners is 45.3% and 54.7%.The slow administration in thecriminal justice process is pointedout as one of the leading causesof the overcrowding problemprevailing in most correctionalfacilities. The trial proceduresare delayed such that thedetent ion o f the o f fendersometimes exceeds the maximumperiod of penalty for the offensecharged.

b. The Economic CrisisT h e e c o n o m i c t u r m o i lexperienced by the country is onei m p o r t a n t a s p e c t t h a tcontributes to the increase incriminality. The unemploymentand the underemployment rate ofthe country as of January 2000were 30.5% as against the entireworking population. This mayexplain why crimes againstproperty was so high in thecountry for many years now(50.6% in adult population and49.4% in youth population). Thisnumber further accounts for theconsiderable number of detaineeswho cannot afford to post bail andtherefore stay longer in detentioncells. The budgetary constraintsfaced by the government also

hindered the construction ofcorrectional facilities.

III. INFLUENCE OFOVERCROWDING

A. IntroductionAs we have seen above, many countries

are facing the problem of overcrowding.This is the root cause of many problemsexperienced in correctional institutionssuch as deterioration of the living andworking conditions of both inmates andcorrection staff.

B. Influence of Overcrowding on thePrison Administration.

1. StaffIn overcrowded prisons, staff are overworked, their works become morerisky, the quality of work goes downand their effectiveness to implementprograms designed to rehabilitateoffenders is reduced. Furthermore, itcauses health problems to staffbecause they are exposed tounhealthy surroundings. They arealso affected psychologically andemotionally.

2. Staff - Staff RelationsIn overcrowded situations, staff-staffrelationships are also strained, andstaff efficiency goes down because thesenior officers are over loaded withwork while sorting out staff disputesins tead o f concentrat ing oncorrectional training assignmentsand responsibilities.

3. Staff - Inmate RelationsIn overcrowded prisons, securityrisks increase because the breach ofprison rules and regulations is high,gangs are organized and thepossibility of prison riots increases.The unfair distribution of favors andcorruption creeps in. The chances of

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contracting diseases are more in suchsituations.

C. Slows Down the CorrectionalPrograms.

Classification/segregation of casesaccording to behavior, age, etc. will bedifficult. Every prisoner may not get theopportunity to avail the correctionalprograms i.e. waiting list increases. As aresult, the recidivism rate climbs becausenot all are put through the correctionalsystem.

On the other hand, management aremost likely to experience difficulties inplanning, coordinating, implementing,monitoring and evaluating activities of theinmates. Classification will be difficult.

D. May Lead to Violation of HumanRights and Dignities.

The United Nations Minimum StandardRules describes a model system of penalinstitutions. To practice human rights anddignities in the penal institutions, it isimportant to apply the standard of theserules as much as possible. Whenovercrowding occurs in penal institutions,the application of these rules, especiallyconcerning clothing and bedding, food,hygiene, medical services becomes verydifficult to implement.

E. Causes Stress and Tension amongInmates.

Stress and tensions among inmatescreate an increase in the number ofdisciplinary cases and will developdisruptive behaviors, which may causepsychological and physiological effects.

IV. CAUSES OF OVERCROWDING

A. IntroductionI t i s o f t en s ta ted that pr i son

overcrowding is a problem in manycountries. This leads to a deterioration ofthe living and working conditions of both

inmates and correction officers. There areseveral explanations of overcrowding.Although imprisonment is a minor elementof the conventional punishment system, thecorrectional authorities cannot control theflow into prisons.

Furthermore increase in population,changing economic conditions all over theworld, globalization factors and exposureof particularly the young generation toelectronic media has also resulted in anincrease in the number of crimes andcriminality which has ultimately resultedin overcrowding of the penal population.

On the other hand, po l i ce andprosecutors in some jurisdictions are oftengiven great discretion in the number ofcases to be processed. Thus, the agenciesadministrating punishment, be itimprisonment or otherwise may suffer fromheavy overcrowding and increasing workload over which they have no control.

In the following paragraphs the causeswhich are more critical and are applicableto almost all the countries in general arebeing discussed in relation to these organsof the criminal justice system.

B. Causes of Overcrowding at thePolice/Prosecutor Stage

1. Delay in Investigation andSubmission of IndictmentDelay in investigation of cases in which

the accused is detained will result inovercrowding of detention houses andprisons. In many countries either theprovisions for investigation withoutdetention are limited or are not usedeffectively and efficiently, thus resulting inmore unconvicted prisoners. Similarly thedelay in submission of indictment will slowdown the process of criminal justice and islikely to result in an increase in the numberof unconvicted/under trial prisoners.

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2. Non Availability of Provision inthe Law for:

(i) Disposal of Cases by the Police(ii) Suspension of ProsecutionIn many countries provisions do not exist

where cases of petty theft, petty fraud, etccan be disposed of by the police. In factnon disposal of petty cases at the initialstages not only results in overloading thecriminal justice system with unnecessarywork but also results in increasing thenumber of unconvicted prisoners.

Similarly on the prosecution side manycountries have provisions in the law for theprosecutor to suspend or close theinvestigation when certain criteria arefulfilled and in some cases purely ondiscretion, but these provisions are notbeing applied efficiently. This may resultin increases in the number of unconvictedprisoners or detainees.

C. Causes of Overcrowding at theJudiciary Stage

1. Slow and Inefficient Administrationin the Criminal Justice Process.It is clear that delay in the criminaljustice process will increase thenumber of remand prisoners andcause overcrowding. Slow andinefficient administration in thecriminal justice process is a majorcause to overcrowding at the judiciarystage.In every country, judges/courts aretrying to realize speedy trials.Realistically, however they cannotaccomplish this goal because ofincreasing numbers of cases,inadequate cooperation of partiesinvolved or witnesses. Incompleteinvestigation, neglect of preparationfor trial, difficulties in designatingcontinuous trial date and shortage ofjudges, public prosecutors, lawyers,court clerks and interpreters alsoimpede on speedy trial.Additionally, though the authority of

investigation belongs to the policeand prosecutors, it is one of the dutiesof a judge/magistrate to observe thatthe investigation is carried out. Insome countries, observation ofinvestigation by judges (magistrates)is imperfect and causes the extensionof detention period.

2. I n a d e q u a t e U s e o r L a c k o fAlternative Measures.Lack of alternative measures toimprisonment is considered a majorfactor in causing prison overcrowdingsituations in many countries. Thetendency in these countries is onewhere imprisonment is utilized bythe courts as first option beforeconsidering other non-custodialmeasures. It was observed that inthese countries, many alternativemeasures do indeed exist. It washowever noted that their use orapplication was minimal and theytherefore do not affect the levels ofnumbers sentenced to imprisonment.The preference for the over use ofimprisonment was discussed and itcame out that generally it isinfluenced by the already establishedsentencing practice, prevailingfeeling and attitude of people at agiven time on issues of crime and insome instances the judicial traditionand precedents that have been setand followed in the past. It ishowever the case that lack ofalternative measures and inadequateuse of the available countermeasureshave a great influence on levels ofprison overcrowding. Any effort torelieve this problem must thereforebe d irected to th is cause o fovercrowding.In some countries the average termof sentence is comparatively long.This can also be one reason ofovercrowding.

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3. Inadequate Use of Bail.All the countries discussed have abail system. In many of them, thereare many defendants waiting fortrial, even though their offences maybe bailable. It is no doubt that thiss i t u a t i o n d e t e r i o r a t e s t oovercrowding. This is becausedefendants cannot pay bailbond dueto their poor financial situation orthey are not offered the opportunity.

D. Causes of Overcrowding at theCorrection/Rehabilitation Stage

1. Inadequate Use and Lack of EarlyRelease MeasuresProlonged incarceration has beenused as a tradit ional way ofpunishment. Studies however showthat prolonged incarceration hasbrought about negative effects on thewell being of offenders. Henceforth,early release measures have been putin place as alternative measures toimprisonment like probation, parole,remission, week-end detention andothers. These are made available toattain the objectives of correction/r e h a b i l i t a t i o n a n d t o s o l v emanagement problems brought aboutby congestion in penal institutions.As a result of group discussions, itwas found out that although earlyrelease measures have been madeavailable in all participant countries,they are not fully maximized andutilized. Some do not have otherearly release measures as have beenpracticed by other countries. Forexample, Malaysia and Kenya do nothave the parole system to provide anopportunity to the qualified offenderto continue serving his sentence inthe community which is less costly onthe part of the government andprovides ample opportunity to anoffender to start a new life.Early release measures have the

advantage of lessening the lengththat the pr isoners spend incorrectional institutions. Whereearly release are also granted butsubject to good conduct they operateas subtle inducements for behavior incorrectional set-ups which is anecessary pre-requisite to effectivetraining, care and control. Theoverall effect however is to reduce thenumber of prisoners and thus reduceprison population levels.

2. CapacityIt is observed that penal capacity inmany countries has remained thes a m e w i t h o u t t a k i n g i n t oconsideration the numbers of thosesentenced to prison terms every year.This capacity in most cases is oftenbelow the prison’s population level.It is felt that if capacity was utilizedas an indicator of ideal prison levelsat any given time, overcrowdingwould be avoided as resourcesrequired could be made available toaccommodate the increased numbers.Low capacity means that thed i s t r ibut i on o f p r i soners t oappropriate correctional institutionsis not properly done according to therisk and needs assessment criteria.It also means that space andr e s o u r c e s a r e c o n s t r a i n e d .Transportation of convicted prisonersfrom one prison to another orunconvicted prisoners from remandhomes to the courts are a majoroccupation for correctional staff. It isconsidered that prison capacitiescou ld be regu lar ly ad jus tedcommensurate with the country’spopulation.

3. Lack o f Ef fect ive TreatmentPrograms and After Care ServicesIt has been observed that thetreatment programs at the correction/

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rehabi l i tat ion s tage are notsystematic, complete or suitable tofulfill the individual needs ofprisoners. The lack of effectivetreatment may be due to inadequateclassification of the prisoners,mismatched allocation of prisonersinto the appropriate prisons anddistribution of inmates into thewrong training schedules. Thisproblem is made worse where thecorrectional staff do not have up tod a t e k n o w l e d g e , s k i l l s a n dmotivation to carry out their duties.This trend has a tendency of releasingprisoners back into the communitywho are not properly rehabilitated.The community ’s tendency ispredictably to harbor and hardennegative feelings of ex-prisoners. Itis considered that the creation ofappropriate community awarenesson treatment programs will be usefulto create positive public attitudes tocorrections. It is in this connectionthat a f ter care serv i ces arerecommended in early releasecountermeasure.

V. COUNTERMEASURES FOROVERCROWDING

A. IntroductionArising from group discussions, it is

evident that many countr ies areexperiencing overcrowding in prisons. Thishas been brought out through thedescriptions and graphic data submitted inthis paper. It has also come out that thecauses of overcrowding are clear whenanalyzed against the background ofcriminal justice practiced by eachrespective country.

It is, however, difficult to prescribepossible countermeasures due to thefollowing:

- The penal philosophy, ideology andpolicy guiding correctional practice

vary from one country to another.There is no uniformity in theapplication of aims of sentencing, thatis, whether it is outright retribution/incapacitation, deterrence, orcorrection/rehabilitation.

The correctional policy is therefore foundto be influenced by :

- Social/cultural experience of thepeople, economic development level ofthe country, and the expectation of thepeople on what constitutes fair justice.

The impact of countermeasures will alsobe influenced by the public perception ofpublic security, law and order, and how itis executed by the various agencies ofcriminal justice. An informed publicopinion would appreciate efforts aimed atdecongesting prisons. Public opinion islikely to influence the extent to which non-custodial measures are viewed and, byextension, accepted by the community.

B. Countermeasures at Police/Prosecutor Stage

Because the stage of police andprosecutors is aimed at investigation andprosecution, countermeasures towardsovercrowding are comparatively limited. Asa whole, for prisoners to get alternativesto imprisonment, investigation andprosecution must be done as quickly aspossible.

These countermeasures are as hereunder:

1. Minimum DetentionUsing the investigation withminimum detention of suspects byreducing unnecessary delays. Forexample, a suspect involved in minoroffences may not be arrested/detained. The countries that do nothave this provision may consider thisoption as it works successfully.Furthermore where the suspect isinvolved in a crime which iscognisable and bailable, the option ofreleasing him on affordable surety

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bond may be considered, after givingdue weight to circumstances of thecase.

2. Disposal of Cases at the Police andProsecutors StageDisposal of cases at the police andprosecutors stage shall be improvedto reduce prison population. This canbe discussed under the followingheadings:- Disposition of Petty Offences- Suspension of Prosecution

(i) Disposition of Petty Offences atthe Police Stage.In some countries the suspects/offenders involved in minoroffences like traffic violations,petty theft, petty fraud and pettygambling could be subjected to as i m p l i f i e d p r o c e d u r e o fterminating their cases. This canwork as a countermeasure at theinitial stage of the criminaljustice system.

(ii) Suspension of ProsecutionThis is being practiced verysuccessfully in many countries.In this process the prosecutor isempowered by the law to suspendprosecution before trial and in afew countries like Pakistan andIndia etc after commencement oftrial. We feel that in countrieswhere this provision does notexist, they may consider suchprovisions in their law.To achieve benefits from theabove two provisions, theconfidence of people in theprosecution and police is aprerequisite. Furthermore theprocess is required to betransparent and officials arerequired to be accountable fortheir deeds.

C. Countermeasures at the JudicialStage

1. Speedy and Efficient CriminalProcedure(i) Observation of Investigation

When a judge/magistrate viewsa warrant request, they have toconsider whether it is necessaryto arrest/detain the suspect or notby considering the merits of thecase or the circumstance of thesuspect. A judge/magistrate alsohas to observe strictly the timel i m i t a t i o n i m p o s e d o ninvestigating agencies. Properobservance of time limitationswill reduce the number ofunconvicted prisoners.

(ii) Introduction of ArraignmentProcedure, and Summary OrderProcedure.In order to reduce the number oftrials, some countries haveintroduced criminal proceduresthrough which cases are disposedof without opening trials. Theseprocedures contribute to reducet h e d e t e n t i o n p e r i o d o funconvicted prisoners.a) Arraignment Procedure is a

faster process. For examplein Costa Rica, Malaysia,Kenya, Philippines, thedefendant and the publicprosecutor could get into am u t u a l l y a c c e p t a b l earrangement: the defendanta c c e p t s t h e p e n a lresponsibility and the publicprosecutor often offers him/her a discount in the penalty.Then the court approves theagreement and does not opentrial.

b) Summary Procedure is alsouseful for speedy criminalprocedure. This is the specialprocedure that imposes a

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certain amount of fine on thedefendant without the normalt r i a l . T h e r e q u e s t o fp r o s e c u t o r s a n d t h eagreement of the suspect arerequired before applying thisprocedure. This procedure isutilized to deal with minorcases well and about 90percent or more of all casesindicted are disposed ofthrough this procedure inJapan every year.

(iii) Limitation of Detention Period atTrial Stage

Some countries do not havespecific time limits of detentionperiods after prosecution. Therewere some defendants who hadstayed in jail waiting for trial forlonger periods than the length offinal punishment. For thiscountermeasure, the law shouldorder a specific time limit for thedetention period at the trial stageas well as at the investigationstage. For example in the case ofCosta Rica, this measure isapplied and has a limit of time12 months. If the sentence is inappeal, the measure is extendedby six months more. If this periodexpires and the individual doesnot have the definite sentence,the detention is discontinued.

(iv) Speedy TrialThe judicial goal is to achievespeedy trial. To realize this,judges should hold pre-trialc o n f e r e n c e s w i t h p u b l i cprosecutors and defense counselsto identify the main issues of thecase. Judges should alsodetermine the length of trial andmake arrangements with bothparties about the schedule of

trial. To designate plural trialdates will contribute to speedytrial.Needless to say, speedy trialscannot be realized without thecooperation of public prosecutorsand defense counsels.

2. Effective Use of Alternative Measuresto Custodial Sentences(i) Fines

Fines are utilized in all countriesof our group and contribute toreduce the number of convictedprisoners. In some developingcountries where the economicconditions are poor, there aremany prisoners who are sent tojail because they cannot afford topay the fines. To prevent this, aday fine system or paying the fineby installment is recommendedas a solution.

(ii) S u s p e n s i o n o f S e n t e n c e /Suspension of Execution ofSentenceS u s p e n s i o n o f s e n t e n c e /suspension of execution ofsentence frees the defendantf rom punishment . Manycountries have this kind ofsystem. These systems aremainly utilized for first timeoffenders who commit minoroffences. In some countriessuspens i on i s s omet imesaccompanied by a probationorder. As mentioned before, inJapan execution of sentence issuspended in more than 60percent of all trial cases and itcontributes to reduce the numberof convicted prisoners.

(iii) A Drug CourtThe rapid increase of drugaddicts causes overcrowding too.Drug Court is a new alternativem e a s u r e i n c o r p o r a t e d i n

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countries like Australia and theUnited States. In Australia theyhave a program for the offencesgranted to drug addicts, asalternative to imprisonment andthe judge refers to a specificprogram of treatment andsupervision. If the individualfulfills this measure, he/she doesnot have to go to jail (the sentenceis suspended).

(iv) OthersThere are some other non-custodial measures as follows:- House Arrest: the offender

must remain within theconfines of the home duringspecified times and adhere toa strict curfew.

- Binding Over: the court ordersthe of fender to make acontract with a fixed amountof money which wil l beforfeited on him/her in casehe/she does not appear for thecourt appointment.

- Community Service Order:the court orders the offenderto perform unpaid labor likecleaning public parks, schools,and hospitals for a specifiedn u m b e r o f h o u r s i n adetermined time period.

- Weekend Detentions: thecourt orders the offender tostay in jail only on weekends.

- Recognizance: this is analternative measure for thedetention of youth offenders inthe Philippines. Offenders ontrial can be released back intothe community with theprotection and guidance ofqualified parents, relatives orresponsible persons in thecommunity on condition ofgood conduct but under thesupervision of a social worker.

3. Reduce Sentence LengthIn some countries, reduction of thesentence length is one way toalleviate overcrowding. But thesentencing practice has taken rootsin the judicial system of manycountries and therefore it is verydifficult to change the average lengthof sentence. So, to change thesentencing practice, it is necessary towin the understanding of the public.Costa Rica has a unique systemwhere the judges have the powers torelease juvenile convicts before expiryof their sentence (which can be calledas one of the early release measures)after obtaining reports fromconcerned agencies on behavior andother factors of the convict.

4. Appropriate Use of BailAfter considering the contents ofoffences, the possibility of destroyingevidence or threatening witnesses,judges/court could grant bail if theoffence is bailable.In some countries, there are manydefendants who cannot be released onbail, because the amounts of bail bondare so high, even though theiroffences may be bailable. But thepurpose of bail bonds is to make thedefendant attend trial. In this sense,the amount of bail bonds should beaffordable to each defendant andsufficient to ensure his/her presencefor trial.As mentioned before, lack ofinformation for defendants causesinsufficient use of bail. It is necessaryto enhance the defense activities inthe pre-trial process.

D. Countermeasures at theCorrection/Rehabilitation Stage

1. Early Release Measures(i) Parole

Parole is a conditional release of

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prisoners after serving certainperiods of the determinedsentence. Eligibility is howeverconditional on other factors e.g.whether one is a first timeoffender, a recidivist offender ora risky offender. Modalities forconsideration of parole aspracticed in Japan is as follows:- Pre-parole investigation

reports prepared by parole/p r o b a t i o n o f f i c e r a r esubmitted to the ParoleBoard.

- Prisons Superintendent sendsapplication of all suitableprisoners to the Parole Board.

- Contact interviews with aprisoner by the Parole Board.

- Decision to grant parole or notis decided by the ParoleBoard.

- If the decision is positive theprisoner is granted parole forthe remaining period of theprison sentence subject tosupervision in the communityby a probation/ parole officer.

This countermeasure can beextensively ut i l ized. Forexample, in Japan the number ofparoles were given to 12,948prisoners (58.2%) in 1998.Revocation cases amounted to992 or 7.6% for the same period.- The advantage for this

countermeasure is that theParole Board does not changethe length of original sentencegiven by the court.

- The parolee gets guidance andassistance/support afterrelease from prison and someget residence and daily livingallowances from half-wayhouses run and managed byt h e n o n - p r o f i t p r i v a t eorganization.

- The parolee is expected toobserve some laid downconditions as part of hiscontract to keep within thelaw.

Parole is a demanding programand creates a lot of overload whileprocessing applications anddeciding on each case. Ittherefore requires personnel,finances and a lot of time to makeit work. It is however, a goodp r o g r a m b e c a u s e i t i saccountable and encouragesprisoners to live normally in thecommunity.

(ii) RemissionRemission is the reduction of theperiod to be served by a prisoner. Thisperiod is pre-determined e.g. inMalaysia 1/3; Philippines 1/3, Kenya1/3 and Pakistan 1/3 remission periodis provided for by the law. The periodof remission may vary from onecountry to another but generally is aprogram practiced in many countries.Remission is provided for in the lawexcept in capital punishment orwhere otherwise stated. Remissioncan be forfeited in cases of grossmisconduct by the prisoner as laid outin the prison rules. Remission isa d m i n i s t e r e d b y t h e p r i s o nauthorities and therefore is notexpensive to manage.It has been found that remissionreduces prison custody by up to athird of the length of the sentence. Itis a useful program in reducingovercrowding because it is less costly,easy to administer and decision-making is done by the prisonadministration. It encourages gooddiscipline in the prison setup. In theshort term, remission is an effectivecountermeasure to overcrowding. Inthe long run, it may create recidivismbecause there is no follow up or any

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supervision.(iii) Pardons

These are ad hoc decisions to relieveprison pressure by releasingprisoners before their sentence iscompleted. Such cases are releasedduring national day celebrations oron any other such like occasions.They are effective in reducing prisonpopulations for a time but they arenot sustainable. The releasedprisoners are not subject tosupervision and therefore they raiseconcern for the public. More often,the impact of these general pardonsis temporary to the pr isons ’overcrowding situation. It was notedthat pardons are practiced in thePhilippines, Malaysia, Kenya,Pakistan, Costa Rica, Japan andmany other countries. They do servea purpose however short lived.The above countermeasures areconsidered significant because oftheir ability to deal with the sizeablenumber of prisoners if properlymanaged. These programs arepractical and easy to manage andf u n d i n g r e q u i r e m e n t s a r ecomparatively low. Finally, it ispossible to monitor and evaluate theimpact of these programs to prisonovercrowding situation on an ongoing basis.

2. Enhanced Resource AllocationThe local and national governmentshould increase the operationalbudget of correctional institutions sothat effective treatment programscan be implemented. Construction,expansion and renovation of facilitiesare needed to accommodate theincreasing rate of penal populationsand keep pace with the changingsituations such as the properclassification and allocation ofoffenders (young and adult, convicted

and unconvicted).

3. Improve Effect ive TreatmentPrograms and After Care ServicesImprove staff competency levels thatimplement treatment programsutilizing case management strategy.This is a collaborative and multi-disciplinary process that includesa s s e s s m e n t , p l a n n i n g ,implementation, coordination,monitoring and evaluation of optionsand services needs by the offenders.This may include the assessment ofthe offenders’ risk, the recognition ofneeds, the monitoring of theiractivities and if deemed appropriate,a correctional intervention. Further,counseling integrated with cognitiveskills training which touch on topicsrelative to control of misbehavior isalso proven as an effective measure.Open penal systems that utilize theconcept of conditional release likeparole, probation, suspension ofsentence, week-end detention etc. isa good strategy to give pre-releaseprisoners a chance to prove his worthagain to be reintegrated back tosociety. This minimizes the stigmaattached to an offender as prisoner,enhances role performance andregains self-esteem. This system iseffective, easy to manage and reduceso v e r c r o w d i n g s i t u a t i o n s i ncorrectional facilities.The enhancement of after careservices should be given full attentionby the government as one importantmeasure to reduce the recidivismrate . Networking with non-government organizations, civicbodies and religious groups is alsoneeded to augment the limitedbudget of the government and tostrengthen the after care services inthe community.

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E. Other CountermeasuresIt was felt that in addition to the above

countermeasures there is a need to ensureeffective coordination amongst the organsof the criminal justice system coupled withdecriminalization of behaviors that do notpose a threat or risk to public security. It isalso realized that agencies of the criminaljustice system need to be made moreefficient and compatible with the changingtimes by providing them with sufficientstaff, adequate funds and computerizationof records. An efficient criminal justicesystem can reduce the number of prisonerssubstantially thus relieving the pressureon prisons.

VI. CONCLUSION

In conclusion, it was felt that weakeconomies, high unemployment rates, lowliteracy percentage, high populationgrowth, unfair application of laws,globalization factor and exposure ofparticularly young generations toelectronic media has resulted in anincrease in the number of crimes andcriminality which has ultimately resultedin an increase in the number of unconvictedand convicted prisoners. This phenomenonhas posed very serious problems for thecriminal justice system and especially thecorrection administration. The countriesthat had never experienced the problem ofovercrowding are also threatened becauseof this phenomenon.

In addition to the actual situation andc a u s e s o f o v e r c r o w d i n g i n e a c hparticipant’s country, the causes andcountermeasures at each stage of thecriminal justice system, that is, police,prosecution, judiciary and correction werealso discussed in detail. It was felt that toalleviate the problems of overcrowding inthe penal institutions there is a need tohave an efficient criminal justice systemto ensure speedy trials, wider use of non-

custodial measures and abundant use ofearly release measures. However it wasobserved that before introducing newcountermeasures it would be appropriateto properly evaluate the same to ensure itssuccess and effectiveness.

It was also felt that governments do notassign appropriate priority to the prisonadministration at the time of allocation offunds for creating more capacity and toimprove/update correctional facilities.

Last, but not the least it was realizedthat the option of imprisonment as apunishment is being used more often thannot in most of the countries, which is oneof the major causes of overcrowding.However it was felt that in spite of theabove, it is possible to formulatecountermeasures that are viable,implementable and practicable which cansolve the problems of overcrowdingsubstantially.