Alternatives to imprisonment

Transcription

1 Alternatives to imprisonment Conference Penal enforcement system: present situation and future perspectives Vilnius, 10 th of February 2009 Dr Fabienne Hariga HIV expert, Prison UNODC Vienna

2 Related UNODC mandates 1) CRIMINAL JUSTICE: Guardian of several international standards and conventions established to encourage the development of criminal justice systems that meet fundamental human rights standards 2) A CO-SPONSOR OF UNAIDS UNODC Lead agency for HIV prevention, treatment and care in prison settings and for injecting drug users 3) Guiding Principles on Drug Demand Reduction of the General Assembly of the United Nations: drug prevention, treatment, rehabilitation

3 TOOLS

4 Overview of content Importance of Alternatives to Imprisonment UN Standards and Norms Strategies of Alternative Justice Implementation at Different Stages: (Pre-trial- Sentencing -Early release) Special Categories (Drug Offenders) Economics of Alternatives to Imprisonment Effectiveness Humanitarianism Aspect of Alternatives Public Opinion Conclusion Who Should Act?

5 Why consider alternatives to imprisonment imprisonment vs. public safety: often counter productive overcrowding no cost effective human rights infringement vulnerability to diseases, poor medical treatment (affecting the wider community) difficulty in rehabilitation and reintegration Special category: example drug dependants, mental diseases

6 ROLE OF THE UNITED NATIONS: Standards and Norms Limitations on circumstances for imprisonment International Covenant on Civil and Political Rights (ICCPR) Convention on the Rights of the Child Standard Minimum Rules on for the Treatment of Prisoners

7 THE TOKYO RULES (1986) Aim: to reduce the use of imprisonment Imprisonment as a last resort Promotion of non-custodial measures States to rationalize criminal justice policies, taking into account the observance of human rights, the requirements of social justice and the rehabilitation needs of the offender.

8 UN Standards and Norms: Alternatives to Imprisonment Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters

9 STRATEGIES OF ALTERNATIVE JUSTICE DECRIMINALIZATION Process of changing the law so that conduct that has been defined as a crime is no longer a criminal act. DIVERSION Dealing in other ways with people who could be processed through the criminal justice system.

10 PRE-TRIAL, PRE-CONVICTION AND PRE-SENTENCING Pre-trial detention shall be used as a means of last resort in criminal proceedings Tokyo Rules: Rule 6.1

11 PRE-TRIAL, PRE-CONVICTION AND PRE- SENTENCING Alternatives to pre-trial detention: appear in court on a specified day as ordered by the court refrain from interfering with the course of justice remain at a specific address report periodically to a court, the police, or other authority surrender passport or identification papers accept supervision as ordered by the court pledge financial or other property as security to assure attendance at court submit to electronic monitoring

12 SENTENCING ALTERNATIVES All sentencing options, including Non Custodial measures must be given with due regard to balancing the rights of individuals offenders, the rights of the victim, and the concerns of society. Judges must have the legal authority to exercise discretion in sentencing and the ability to consider alternatives under the law. Institutional infrastructure to ensure proper administration, availability and accessibility of alternatives must be in place.

13 Specific Non-Custodial Sentences Verbal sanctions Conditional discharges Status penalties Economic penalties Confiscation or an expropriation order Restitution to the victim or a compensation order Suspended or deferred sentences Probation and judicial supervision Community service order Referral to attendance centre House arrest

14 EARLY RELEASE Reduction of prison numbers Ensuring that imprisonment is used as minimally as possible Forms of early release: Furlough and halfway houses Work and Education Release Parole Remission Compassionate Release Amnesties Pardons

15 Special Offender Groups Mentally Ill Drug Users Children Women Over represented groups, i.e. Indeginous populations, foreign nationals

16 DRUG USERS Large proportion of prison population are drug offenders Decriminalization of the use of drugs (and increase access to drug treatment) Diversion: treat offenders for drug addiction i.e., drug treatment programmes Drug Courts : Monitoring and support of the offender through comprehensive treatment programmes

17 Effectiveness Reduces Recidivism Facilitates successful reintegration into the community

18 Humanitarinism Provides less serious offenders with alternatives that let them continue with various aspects of their lives Avoid the negative effects of incarceration

19 Public Opinion alternatives do not significantly increase risks to public safety; and non-custodial sanctions are acceptable to the public, criminal justice practitioners and victims.

20 TOWARDS A COHERENT STRATEGY Who should Act Political leaders and legislators - create a procedural Framework. Defense lawyers, prosecuting authorities and the judiciary- ensure speedy trials and minimize pre-trial detention. Judges and courts/prosecution - exercise discretion to impose alternatives wherever possible Administrators - provide an institutional infrastructure Probation officers - ensure offenders they meet the conditions set for their release. Police divert offenders and maintain contact with offenders who have been released conditionally Prison authorities - prepare offenders for release and refer them to early release decision making authorities Non-governmental organizations and members of the wider public - offering support for conditionally released offenders and assisting with their integration into the community. Media responsible for formulating pubic attitude to imprisonment and alternatives

21 Conclusion The more information the public has about the circumstances of a case, the more accepting they are of sentences, including non custody sentences, that are handed out and early release decisions that are made.

22 THANK YOU