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PRISON REFORM AND BEST PRACTICES IN LATIN AMERICA AND THE CARIBBEAN

PRISON REFORM AND BEST PRACTICES IN LATIN AMERICA AND THE CARIBBEAN. UNODC was established to address issues related to drug control, crime prevention and international terrrorism in the context of sustainable development and human security .

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PRISON REFORM AND BEST PRACTICES IN LATIN AMERICA AND THE CARIBBEAN

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  1. PRISON REFORM AND BEST PRACTICES IN LATIN AMERICA AND THE CARIBBEAN

  2. UNODC wasestablishedtoaddressissuesrelatedtodrug control, crimeprevention and internationalterrrorism in thecontext of sustainabledevelopment and human security. • Established in 1997, UNODC ismainlyfinancedthroughvoluntarycontributionsespeciallyfromgoverment s • The principal functionistopromotetheratification and implementation of internationalinstruments, institutional and legislativereforms and carryouttechnicalcooperationprojectsto monitor, prevent and avoidtheproduction, ilicittraffic and abuse of drugsorganizedcrime. • Itworks in 150 countries, through regional offices, projectoffices and country offices. • For more information, pleaseconsultthe web: • www.unodc.org

  3. Vilnius • Astana Kiev  Bishkek • • Almaty  Bucharest • Dushanbe Belgrade Ashgabat • • Beijing Tirana Ankara  Baku • Beirut • Amman Gaza  • Kathmandu • Dhaka • San Jose • Addis Ababa • Phnom Penh • Quito Fiji  • Buenos Aires UNODC Field Network • Moscow Brussels  VIENNA Chisinau • Sofia Tashkent • • New York • Kabul • Tehran Tripoli  • Islamabad • Cairo • Doha • Manama • Abu Dhabi • New Delhi • Mexico City Cape Verde  • Juba • Hanoi • Dakar Yangon • • Vientiane • Tegucigalpa • Bangkok • Bogotá • Bissau • Abuja • Nairobi • Jakarta • Brasilia • Lima • La Paz • Lilongwe • Lusaka • Maputo • Windhoek • Mbabane • Pretoria - REGIONAL CENTRE - REGIONAL OFFICE- COUNTRY OFFICE- SUBREGIONAL PROJECT OFFICE - PROJECT OFFICE - LIAISON OFFICE

  4. UNODC´sworkisguidedby a widerange of internationalinstruments and UN standars and norms in crimeprevention and criminal justice. • UnitedNationsConventionagainstCorruption. • UnitedNationsConventionagainstTransnationalOrganizedCrime and its protocolos • Legal frameworkagainstTerrorism • UN Standars and norms in crimeprevention and criminal justice. MANDATE

  5. Terrorism Crimeprevention and criminal justicereform Money laundering Programatic and integratedapproachtoachievethegreatestimpactontheresults Drugprevention, treatment and care and HIV Corruption Human trafficking and migrantsumggling Organizedcrime Laboratory and forensicscienceservices

  6. 1 • SpecializedTechnicalcompetence, operationalcapacity and longtermexpertise in crimeprevention, crimianljustice and the rule of law. 2 • Unique position through ability to promote international cooperation, specific focus on the developing world, role as an honest-broker. UNODC 3 • Mandate toimplement UN Conventions and resolution in thecontext of the mandate.

  7. Crimeprevention and criminal justicearea • UNODC has themission of makingtheworldsaferfromcrime, drugs and terrorism. To be effective and sustainable, responses tothesethreatsmustincludecrimeprevention and criminal justicestrategies. • Strategiesmusttake a human rightsapproach and be basedonthe rule of law, togetherwiththe UN standars and norms in crimeprevention and criminal justice. • In thecontext of the criminal justicereform, istheprisonreform and alternativestoimprisonment.

  8. Prisonreform and alternativestoimprisonment • Detention and imprisonment are themainmeasuresimposedonindividualswho are suspected of havingbreachedthe criminal laworhavebeenconvicted of a criminal offence. • Theoveruse of prisons leads to a series of mutuallyreinforcingchallenges in respondingappropiatelytothe social reintegrationneeds of offenders, whilstalsoviolatingtherights of thosewho are innocent. • Key areas of concern regarding prisons: prison overcrowding, poor health services, lack of social reintegration programmes, information systems and strategic planning, inter-institutional communication, inspection mechanisms, economic and human resources, and increasing numbers of prisoners with special needs. • The detrimental impact of imprisonment, not only on individuals, but also on families and communities, together with economic factors, must be taken into account when considering the need for prison reform.

  9. Servicesgivenby UNODC • UNODC has the mandate to assist countries in building and reforming their prison systems, and implementing non-custodial sanctions and measures in compliance with human rights principles and UN standards and norms in crime prevention and criminal justice. • UNODC offers assistance in: • Improving legal safeguards for prisoners; • Introducing and widening the scope of alternatives to pre-trial detention within domestic criminal codes; • Increasing the scope of alternatives to imprisonment, decriminalizing certain acts, and reducing sentences for selected offences; and • Supporting offenders and ex-offenders to address their social reintegration needs (including in the area of criminal justice as well as labor, education, and social welfare).

  10. UN standards and norms in the areas of prison reform and alternatives to imprisonment Directly related to the prison system: • Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment • UN Standard Minimum Rules for the Treatment of Prisoners • Basic Principles for the Treatment of Prisoners • UN Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules) • Principles and best practices approved by the InteramericanComission on Human Rights. Other UN instruments relevant to the prison system: • Universal Declaration of Human Rights • International Covenant on Economic, Social and Cultural Rights • International Covenant on Civil and Political Rights • The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment • Convention on the Elimination of All Forms of Discrimination Against Women • Safeguards guaranteeing protection of the rights of those facing the death penalty • UN Convention on the Rights of the Child

  11. Tools and publications TheCompendium UN standards and norms in crimeprevention and criminal justice: For more information, pleaseconsultthe web: http://www.unodc.org/unodc/en/justice-and-prison-reform/tools.html?ref=menuside

  12. Tools and publications TheCompendium UN standards and norms in crimeprevention and criminal justice For more information, please consult the web: http://www.unodc.org/unodc/en/justice-and-prison-reform/tools.html?ref=menuside

  13. Regional Centre of Excellence on Prison Reform and Drug Demand Reduction

  14. Centres of Excellence • The Centres of Excellence (CoE) are part of UNODC´s programming strategy for Latin America and the Caribbean. • Currently three CoE are working in the region (Mexico, Panama and Dominican Republic) to develop activities in the context of the regional programme for Central America. • A future expansion throughout the Americas is expected. • The engagement of donors is necessary for the successful implementation of this strategy.

  15. OBJECTIVES OF THE CoE 1. Research and support to improve regional expertise. 2. Capacity building through training and provision of technical equipment. 3. Information exchange and cooperation with other partners.

  16. Centre of Excellence on Prison Reform and Drug Demand Reduction in Santo Domingo • In February 2010 a Memorandum was signed between UNODC and the Government of the Dominican Republic for the establishment of a Centre of Excellence in Santo Domingo. • In June of 2011 the project document was signed between UNODC, the Attorney General's Office and the National Council on Drugs. • The Centre of Excellence operates as a project of UNODC in cooperation with the Dominican Republic. The expertise of the Centre of Excellence in Santo Domingo is available to all countries of the region.

  17. Main objective: To strengthen national and regional capacities through the promotion of effective policies and training programs in two areas: Prison reform and alternatives to custodial sentences, the modernization of institutions and the formulation of legislation consistent with international standards. Reducing drug demand in the community and in prisons, facilitating the diversification of strategies and interventions for prevention and treatment.

  18. Partners AT NATIONAL LEVEL AT REGIONAL LEVEL • Attorney General's Office • National Council on Drugs • Coordination for the New Model for Prison Management • National Penitentiary School • Ministry of Public Health and Social Assistance • Central America Integration System (SICA) • Caribbean Community (CARICOM) • Organization of American States (OAS) • United Nations Latin American Institute for Crime Prevention and the Treatment of Offenders (ILANUD)

  19. Beneficiaries • Ministries and other State agencies responsible for criminal justice and prison reform. • Ministries responsible for drug policies. • Senior managers and prison staff. • Probation services and other entities responsible for the supervision of offenders with community sanctions and measures that include treatment. • Detainees and drug dependents.

  20. 3 1 4 2 • National Council for Drug • Control • Universities, • state counterparts • Ministry of Public Health • and Social Assistance • Others 3 1 2 4 • OAS • SICA • ILANUD • CARICOM Commitee of Management and Monitoring Experts/ Coordinators (UNODC) UNODC Attorney General 's Office National Council on Drugs Other Centres of Excellence in the Region CENTRE OF EXCELLENCE (Dominican Republic) National Actors Regional Actors

  21. High-levelExpertGroup Meeting toreviewthe Standard Minimum Rules forthetreatment of prisoners. Santo Domingo, 3 - 5 August 2011 • Objetive of themeeting: identifygoodpracticesontheimplementation of the Standard Minimum Rules forthetreatment of prisoners in theregion and explore areaswherethe SMR mayneedto be updatedorcomplemented. • Participated 56 expertsfrom 15 countries (Bolivia, Brasil, Chile, Colombia, Ecuador, El Salvador, Guatemala, México, Nicaragua, Panamá, Perú, Republica Dominicana, Santa Lucia, San Martín y Uruguay) and observersfromthe International Penal and PenitentiaryFoundation, Association of CaribbeanHeads of Correctional and PrisionServices (ACHCPS), OAS, ILANUD, UNHCR. • Emphasis has been placed ontheneedtofindways in whichtoensurethatthecurrent SMR are fullyimplemented in theprisions, and complementedthemwiththeconventions, declarations and principlescontaningreferencestothetreatment of prisoners, includingthePrinciples and BestPracticesontheprotection of personsdeprivedforliberty in theAmericas, approvedbytheInteramericanComission in 2008.

  22. Good practices were shared in the following issues: • Pre-trial detention (define “reasable period”, ensure the right of access toa lawyer.) • Prison overcrowding ( the imprisonment should be the alternative) • Health care ( prison health is a public health issue) • Special categories of prisoner, foreing nationals, minority groups, older prisoners, women, juvenile, those in need of medical assitance (consider the individuality and needs of each person) • Prion staff (recruitment processes and training, New Model of Prison Managment in the Dominican Republic ) • Treatment of prisoners and training and rehabilitation programmes ( many good practices were exchanged, incluiding the involvement that public agencies, NGO and commercial enterprises must have ) • External oversight of prisons ( the need to ratify the Optional Protocol to the Convention against Torture and to establish National Preventive Mechanisms to oversee places of detention.

  23. REGIONAL PROGRAMME OFFICE IN PANAMA

  24. RPOPAN - Ongoing Projects

  25. PANX12 - Project Brief

  26. PANX12 - Justification High rate of prisonization. Prisonovercrowding. High number of remandprisoners. Poor prisonconditions. Poor accesstohealthservices, education, work, amongother human rights. Lack of training programsforprisonstaff, resulting in highstaffturnover. Corruption. Unclear General Management betweentheNationalPolice and thePrisonSystem. Lack of manuals and procedures.

  27. PANX12 - Objective General Objective The general objective of theprojectistodevelop a comprehensivereformstrategytoaddressprisonovercrowding, thelargepopulation of people in custody, lack of training forprisonstaff and theresultingviolations of human rights. Specific Objectives Developing a comprehensiveprisonreformstrategy. Strengtheningleadership and managementcapacity. Activities • Studyvisits. • Expertsupport. • Consultancies. • Identification of potentialsolutionstoovercrowding. • Training workshops. • Mentorships in themainprison centers. • Support in thereopening of thePenitentiary Training Academy and thedesign of itscurriculum.

  28. PANX12 - Activities Regional workshoptargetedtotheprisonsystemstaff. Studyvisittothe New PrisonModel of DominicanRepublic. Support in thereopening of thePenitentiary Training Academy. Donation of theHandbookonPrison Management in thecontext of Human Rights, and thetranslationintospanish of theHandbookforPrisonLeaders. StudyvisittothePrisonSystem in Costa Rica. WorkshoponPlanning and leadershipforprisonmanagement.

  29. PANX12 - Activities Grant Agreement UNODC - ILANUD Interships in the ENAP of DominicanRepublicmadebythe Manager of thePenitentiaryAcademy of Panama Mentorshipsforthedevelopment of productiveprocesses WorkshopforPrisonLeaders Workshoponteachingqualification in thepenitentiaryfiels (Training of Trainers) ParticipationontheBoard of PrisonPolicy (Consejo de Política Penitenciaria)

  30. PANX12 - Activities III Graduation: New group of AVIR Interships in DominicanRepublicmadebythe Managers of thePrison Centers of Panama Interships in DominicanRepublicmadebystaff of thePanamaPrisonSystem. Final reportfortheConsultancythatrecommends non custodial measures, insteadprison.

  31. PANX12 - Activities Final reportpresentation of theGrantAgreementbetween ILANUD and UNODC totheMinistry of Government. Interinstitutional Management betweenPrisonTechnicalGroups and theJudge of compliance. Workshopon Professional CareProgramsfortheprisonpopulation. • Publications • Bangkok Rules, spanishversion. • Compiled of Normsrelatingtoprisons and juvenile criminal responsability of theRepublic of Panama. Visita a Centros Penitenciarios

  32. PANX12 - Activities Mentorshipsonsecuritymatters. Severalvisitstoprison centers Analysis of thesituationforwomenprisoners Visita a Centros Penitenciarios Severalvisitstoprison centers Severalvisitstoprison centers Severalvisitstoprison centers

  33. Thank you for your attention!

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