Prison Sentences Should Not Turn Into Death Sentences: How APPEAL Is Leading A Fight To Protect Prisoners In UK From COVID19

Prison complexes are one of the most apparent hotspots of COVID19 pandemic. The problem of overcrowding of prisons along with poor sanitation facilities, makes correction facilities prone to the spreading of the virus. These circumstances have rendered prisoners, regardless of the nature of their incarceration, extremely vulnerable to the ongoing health crisis. While in India, where after the intervention of the courts, certain States have come up with policies to release certain kinds of undertrial prisoners, the situation still remains problematic in the United Kingdom - one of the worst hit countries by the pandemic. To understand the gravity of the issue and how it can be addressed, we interviewed 'Appeal', a leading organisation in the UK which is spearheading the cause of ensuring the safety of the prisoners who are extremely vulnerable to catching COVID19. Can you tell us about your project seeking release of prisoners as a safety measure to fight against the COVID19 pandemic? We are fighting to try to make sure prison sentences do not turn into death sentences. We are advocating for the release of the most vulnerable and low-risk prisoners to safeguard the health of clients, the prison population and the outside world. Overcrowded prisons are hotbeds of disease. Prisoners simply cannot follow the government and WHO guidance on self-isolation or hygiene. England and Wales have the highest rate of imprisonment in Western Europe Numerous prisons running at over 150% of capacity, and much of the prison estate involves two people living in single occupancy cells. The government has already recognised that the conditions in other places of detention are unsanitary and dangerous, releasing immigration detainees (who are kept in detention whilst a decision is made on their immigration status). However, prisoners remain low on the government's priorities, despite the potential scale of a prison outbreak and its potential to overwhelm the healthcare system. At the same time, lockdown measures taken to try to reduce the spread of COVID-19 in prisons have made it more difficult for communication and contact with prisoners: conditions which have led to rioting in countries like Italy. We are also therefore campaigning for measures to protect the mental health of those who remain behind bars, who are far more isolated than those of us in the free world. What are the existing provisions regarding the temporary release of prisoners and why do you think it requires a reform at times such as these? Currently, the main provision is Release on Temporary Licence (ROTL) which is normally used to allow low-risk prisoners to have some involvement in the community to ease the transition to release. This is made under the Prison Rules. However, it is designed principally for prisoners approaching the end of their sentences, and is untested (as are most options) in the scenario where large-scale action is required. Reform may not be needed to deal specifically with the present crisis, but we are now seeing the effects of overuse of incarceration for low-level offending, and of lengthy sentences which lead to a high prison population. The situation could be eased considerably by a swift political decision by government. However, release on temporary licence appears to have been put on hold. This temporary release can be granted for any period, but can also be subject to any conditions deemed necessary. However, the release must be for a purpose specified in the Prison Rules, which include compassionate grounds, for medical treatment, for employment or voluntary work, to maintain family ties, and to assist the transition from prison life to freedom. None of these neatly accommodate a situation like the current one, where the overall risk is the key issue. These provisions are designed for individual release, and were not developed with a systemic risk in mind. We have not had to deal before with situations in which locking people up increases the risk to the public. Yet that is where we currently are. Is prison infrastructure and facility suitable to protect prisoners from transmission of coronavirus? In short, no. In 2019, almost a third of inspected prisons failed to meet minimum standards of cleanliness. Prisoners already, on average, have far poorer health than other members of the community. For example, 15% have respiratory conditions. So we are not starting from an ideal place. On top of this, overcrowding in prisons does not allow space for prisoners to self-isolate. Hygiene is insufficient, with limited or no access to soap, clean towels, or sanitiser: the simplest measures which many of us take for granted. So while we in the free world can protect ourselves, prisoners are unable to do the same. Indeed, a policy of...

Prison Sentences Should Not Turn Into Death Sentences: How APPEAL Is Leading A Fight To Protect Prisoners In UK From COVID19

Karan Tripathi

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