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The COVID-19 pandemic has impacted prisons globally.[1] There have been outbreaks of COVID-19 reported in prisons and jails around the world, with the housing density and population turnover of many prisons contributing to an increased risk of contracting the virus compared to the general population.[2] Prison crowding and lack of sanitation measures contribute to the risk of contracting diseases in prisons and jails. As a mitigation measure, several jurisdictions have released prisoners to reduce density and attempt to reduce the spread of the illness. There have also been protests among prisoners, riots and prison breaks in multiple countries in response to prisoner anger over their risk of contracting illness in prison conditions. Before the COVID-19 pandemic, health services within prisons had issues providing adequate care for incarcerated people, and this has only been exacerbated by the impacts of COVID-19. Minority groups within the prison system have been disproportionately affected by the COVID-19 pandemic.
Hazard controls
According to the U.S. Centers for Disease Control and Prevention, prevention and management strategies should be implemented in correctional and detention facilities to reduce the burden of COVID-19. Some prevention strategies include symptom screening at entrances, avoiding overcrowding, staggering meal and recreation times, face coverings, signage, and training. Facilities should develop info-sharing systems to manage confirmed and suspected cases, isolate those potentially infected, and offer flexible sick leave policies for staff members.[3]
Afghanistan
The Afghan government released 10,000 prisoners on March 26, 2020. They were mostly women, young people, the critically ill, and inmates over 55 years of age.[4]
Australia
On March 16, the Australian government declared a public health emergency.[5] It has also planned to cancel all visits to the Alexander Maconochie prison starting on March 23. ACT Corrective Services commissioner Jon Peach stated that as a result there would be "increased access to telephones" for prisoners to keep in touch with their families.[6]
Bahrain
In May 2021, Bahrain reported a spike in its daily cases of COVID-19 to approximately 3000. As of June 2021, Bahrain has been reported to be experiencing a third wave of the coronavirus pandemic, said to be 'its biggest wave of infections'. Despite the uncontrolled spread of the virus, the Bahraini government has kept political prisoners imprisoned in the allegedly overcrowded, notorious Jau prison. Sadeq AbdAli AlAsfoor, one of the prisoners was arrested in 2012 at the age of 20 and has since been inside the prison, subjected to torture and lack of medical care or healthy meals.[7][8]
Belarus
As prisons fill with 30,000 protesters following the 2020 Belarusian presidential election, virus cases in prisons also increase. Cells are overcrowded, lack ventilation, and lack basic amenities and medical treatment. Guards are accused of deliberately allowing the virus to run lose for political reasons. Authorities have not released the number of prisoners with COVID-19, but rights activists say that thousands of protesters tested positive after they were detained.[9]
Brazil
Hundreds of prisoners (who work outside the prison during the day) escaped from four prisons in São Paulo state after visitors were restricted and Easter furloughs were cancelled due to health concerns.[10]
China
The virus spread in at least four prisons in China.[11]
Colombia
On March 22, 23 prisoners were killed and 83 injured during a prison riot in La Modelo in Bogota, which erupted over fears over the spreading of COVID-19 through prison walls.[12][13] Prisoners across the country have been protesting against the poor health services ever since the outbreak of COVID-19.[14]
The government planned to release about 10,000 prisoners on the weekend of 4–5 April 2020. The release did not apply to individuals who have been convicted of sexual offenses against minors, corruption, or crimes against humanity.[15]
Czech Republic
Due to the coronavirus, on March 13, the Czech government passed Resolution No. 204/2020 Coll which banned family members from visiting relatives in prisons and jails. Defense attorneys are exempted from the bans.[16]
El Salvador
Following an outbreak of alleged gang violence in late April that killed 77 people, President Nayib Bukele imposed a lockdown on imprisoned gang members from 26 April.[17] As part of the crackdown, gang members have been confined in crowded cells for 23 hours a day; cells were barricaded with plywood and metal sheets to block sunlight; mobile and wifi signals were blocked, and rival gang members were mixed together.[18][19][20] Human Rights Watch Americas director José Miguel Vivanco has condemned the treatment of prisoners as humiliating, degrading and a threat to health amidst the ongoing coronavirus pandemic.[19]
Ethiopia
On March 25, 4,011 prisoners were granted a pardon by the Ethiopian President Sahle-Work Zewde in an effort to prevent the spread of COVID-19. This pardon only applied to prisoners convicted of minor crimes who were serving sentences of up to three years, and those who were about to be released.[21][22]
France
On March 16, a detainee died in the Fresnes prison.[23] On March 22, a mutiny erupted in the Uzerche Detention Center, where 250 inmates had to be evacuated because their cells were unusable.[24]
Iran
On March 3, more than 54,000 prisoners were released temporarily to prevent the spread of COVID-19.[25]
Prisoners rioted in southern Iran on March 30. Since the beginning of the year, riots have broken out in prisons in Aligudarz, Hamedan, and Tabriz, with some prisoners escaping. On March 27, 70 inmates escaped Saqqez Prison in the Kurdistan province. 100,000 prisoners have been released as a measure to contain the pandemic, but an estimated 50,000 people remain in prison, including violent offenders, dual nationals and others with Western ties.[26]
Ireland
On 20 March, Minister for Justice Charles Flanagan announced the temporary release of up to 200 prisoners to reduce the risk of COVID-19 spreading through the country's jails.[27] Prisoners were reported to be willing to work with prison officers to prevent their exposure to the virus. Social distancing measures in prisons included visible marks, the closing of gyms and recreation halls, inmates being fed in smaller groups and visits from outside disallowed. Deep cleaning occurred, the plates and mugs were replaced with hot food in single use cardboard containers. Another consequence of the virus was that less drugs found their way into the system.[28] On 10 June, it was announced that not a single prisoner among the country's prison population of 3,705 had tested positive for COVID-19.[29] On 22 August, a 23-year-old woman in Dóchas Centre became the first prisoner in Ireland to test positive for COVID-19.[30][31] On 30 October, the Irish Prison Service confirmed an outbreak of COVID-19 at the Midlands Prison after five inmates tested positive for COVID-19.[32][33][34]
Italy
An investigation was opened after six convicts died in the Sant'Anna prison of Modena from overdoses. Other events that prompted the investigation included riots in San Vittore prison and in the La Dogaia prison in Prato.[citation needed]
Eighty detainees escaped from Foggia's prison amid the chaos in prisons sparked by the government's new restrictions due to the COVID-19 pandemic.[35]
Japan
The Ministry of Justice (MOJ) decided that only lawyers are allowed to visit prisoners in prisons and detention houses in seven prefectures (Tokyo, Chiba, Saitama, Kanagawa, Osaka, Hyogo and Fukuoka), which are issued emergency declaration initially, from April 8 to May 6.[36] MOJ explained that the legal basis of the measure is the National Property Act (国有財産法, Kokuyū Zaisan Hō).[36] The Act on Penal Detention Facilities and the Treatment of Inmates and Detainees (刑事収容施設及び被収容者等の処遇に関する法律, Keiji Shūyō-shisetsu oyobi Hisyūyōsha-to no Shogū ni Kansuru Hōristu) does not have provisions for visiting restriction purpose of not spreading infectious diseases, therefore some lawyers criticized this decision.[36] On April 20, MOJ extended this measure to prisons and detention houses in six prefectures (Hokkaido, Ibaraki, Ishikawa, Gifu, Aichi and Kyoto), which are designated as special alert prefectures (特定警戒都道府県, tokutei keikai todōfuken) from April 20 to May 6.[37] On April 27, immigration centers (入国者収容所), facility that accommodates foreigners have been pronounced deportation, are also subject of visiting restriction.[38]
The first case in Japan's penal detention facilities was detected at Osaka Detention House.[39] As of April 28, there were 8 officers of Osaka Detention House, 1 officer of Tsukigata Prison, and 1 defendant of Tokyo Detention House confirmed cases of COVID-19.[40]
Mexico
A riot in a migrant detention center in Tenosique, Tabasco, Mexico, left a Guatemalan man dead and four people injured on March 31. The detainees were concerned about a possible COVID-19 outbreak.[41]
Mexico City began to sanitize its 13 penitentiaries and four detention centers on April 4. The number of visitors allowed was cut in half. Staff, providers, and inmates were to be tested for COVID-19. The inmates were to be given measles shots as the city is also experiencing an outbreak of measles as of April 2020.[42]
Pakistan
The first case in Pakistan's prisons was detected on March 24 in Camp Jail, Lahore.[43] By April 14, 59 more cases were reported in the same jail, along with 14 in Sialkot Jail, seven in Gujranwala and nine in DG Khan Jail, taking Punjab province's total to 89.[44] One case in Quetta district jail was reported on April 6.[45] There has been a discrepancy in the numbers provided by different authorities in Punjab, but according to the highest figures collated by Justice Project Pakistan, the country has more than 100 cases in prisons, as of April 13.
Philippines
Prisoners has been released to mitigate the spread of COVID-19 in prisons in the Philippines. As of July 22, 21,858 prisoners from 470 jail facilities managed by the country's Bureau of Jail Management and Penology has been released. At least a thousand prisoners and jail staff have contracted COVID-19.[46]
Somaliland
President Muse Bihi Abdi pardoned 574 prisoners and ordered them released to control the spread of the virus.[47]
Syria
ISIL militants in the Hassakeh province in eastern Syria rioted, and four escaped from prison. While there are no reports of coronavirus infections in prisons in this area, there are concerns about a possible outbreak in overcrowded facilities.[48]
Thailand
A riot started at the prison in the Buriram Province in northeastern Thailand on March 29 when a false rumor about a coronavirus infection spread as a cover-up for an escape attempt. Seven of the 2,100 prisoners escaped but were recaptured. Two prisoners at a different facility in the country have been diagnosed with COVID-19, and families have been banned from visiting prisons in the country for 14 days.[49]
Turkey
On March 13, Minister of Justice Abdulhamit Gül announced that meetings in all open and closed prisons, the use of family meeting rooms, and transfers between prisons were all delayed for two weeks.[50]
On March 20, the Human Rights Association, Human Rights Foundation of Turkey, the Association of Lawyers for Liberty, the Contemporary Lawyers Association, and the Health and Social Service Workers Union of Civil Society in the Penal System, published a statement on the COVID-19 outbreak and urged immediate action in prisons. In their article, they emphasized the importance of informing the public, especially family and prisoners' lawyers, about quarantine practices and the health status of prisoners.[51]
The Turkish parliament passed a law to free tens of thousands of prisoners on April 14. Human rights organizations criticized the law because it did not include individuals convicted under anti-terrorism laws, journalists, politicians, and lawyers in pre-trial detention.[52]
United Kingdomedit
The government released specific guidance to prisons in the event of COVID-19 symptoms or cases, specifically the rule that states "any prisoner or detainee with a new, continuous cough or a high temperature should be placed in protective isolation for 7 days".[53]
On March 18, the first coronavirus case was reported in a UK prison. The prisoner, who had been serving time in HMP Manchester (commonly referred to as Strangeways), was moved to a hospital. While no other prisoners or staff tested positive for the virus, thirteen prisoners and four members of staff were put into isolation as a precaution.[54] Prison visits remained open, but the situation is being monitored.[55]
On March 19, it was revealed that around 75 officers at HMP Berwyn in Wales were off work due to sickness or self-isolation, and 22 prisoners showing symptoms of coronavirus were being isolated by the prison. However, the prison had enough staff members to remain fully operational.[56]
Following the case in HMP Manchester, public services think tank Reform called for the release of 2,305 "low-risk" offenders on short sentences to reduce the risk of coronavirus within the prison population.[57] Their report argued that prison are "overcrowded with insanitary conditions and poor-quality healthcare".[58] Similar actions have been taken in Iran and the United States.[59]
On March 21, former Justice Secretary David Gauke called for the suspension of short sentences and early release of some prisoners to avoid the spread of COVID-19.[60]
United Statesedit
During the first half of 2020, considering U.S. outbreaks affecting clusters of over 500 people, three-quarters of these large outbreaks occurred at correctional facilities. As of July 3, 2020, the hardest hit institution was Marion Correctional Institution in Marion, Ohio with 2,439 cases, followed by Pickaway Correctional Institution in Scioto Township, Ohio (1,791 cases), San Quentin State Prison in San Quentin, California (1,483 cases), Harris County jail in Houston, Texas (1,390 cases), and Trousdale Turner Correctional Center in Hartsville, Tennessee (1,379 cases). These were the five worst outbreaks of COVID-19 in the United States up to that point.[61] At least 13 people incarcerated at Marion died of COVID-19.[62] As of late August 2021, over 2,500 people had died from COVID-19 while incarcerated in U.S. prisons; statistics on COVID-19 deaths are generally unavailable for U.S. jails.[63]
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On any given day, 2.3 million people are incarcerated in 6,000 facilities in the United States, presenting officials with the difficult task of preventing coronavirus outbreaks among prisoners and staff.[64][65] Prisoners often sleep close together. Many prisons have poor sanitation, and alcohol-based hand sanitizer is often prohibited for inmates.[66][67]
The vast majority of these prisoners are in state or local custody. State governors usually have the power to choose to release prisoners, but generally they do not do so, a trend that has not changed even given the COVID-19 crisis. For example, in response to the pandemic, California and Kentucky released less than four percent of their prisoners, while Arizona stated that it would release none.[64]
The remaining minority of prisoners are in federal custody.
Between March 22–26, 2020, 23 inmates escaped and at least one inmate tested positive for COVID-19 in each of two prisons. Judges ordered the liberation of thousands of prison inmates, and there were calls to release all medically vulnerable inmates.[68]
As of April 8, 2020, there were at least 1,300 confirmed cases of COVID-19 and 32 deaths in prisons and jails across the United States.[69]
On December 18, 2020, the Associated Press and The Marshall Project stated that one in five prisoners in the United States had been infected with the COVID virus. This was over four times the infection rate of the general population around the time of the report. In some states, half of prisoners had been infected.[70]
COVID-19 has also spread at an elevated rate within immigration detention facilities in the United States.
Federal correctional systemedit
Former Attorney General William Barr announced on March 26, 2020, that he had instructed federal prisons to free some inmates to lessen the impact of the coronavirus epidemic. This order favors inmates over 60 who have not been convicted of violent or sex crimes. This applies to about 2,000 of the 170,000 inmates in the federal correctional system. At the time of Barr's announcement, there had been about a dozen cases of COVID-19 among federal prisoners and staff.[71] A high-profile release was Paul Manafort, the former campaign chairman of President Trump, who, at age 71, left a federal prison in Pennsylvania to serve the rest of his sentence in home confinement due to coronavirus concerns.[72] Another high-profile released prisoner was Rita Crundwell (68), the biggest municipal embezzler in U.S. history, went to live on her brother's farm.
Patrick Jones, a 49-year old inmate at a minimum-security prison in Oakdale, Louisiana, became the first fatality of COVID-19 in a federal prison on March 28. Five other inmates were infected.[73] The federal Bureau of Prisons is locking all its 146,000 inmates in their cells from April 1 to 14. COVID-19 is so common at Federal Correctional Complex, Oakdale in Louisiana that authorities stopped testing for it and instead assume that anyone with symptoms is infected with it.[74]
On July 14, 2020, Daniel Lewis Lee became the first federal prisoner to be executed in 17 years. His victims' family had sued to delay the execution, citing their desire to witness it but asserting their fears of contracting COVID-19. Several days before the scheduled execution, a court ruled that it could be rescheduled to allow his victims' family to attend, but the U.S. Supreme Court subsequently denied that extension.[75][76]
On January 7, 2021, Joseph Lee Fultz arrived at a federal prison in Indiana to begin a 27-year sentence. There was a COVID-19 outbreak at the prison, and Fultz was diagnosed within days. Although the government recorded his health status as "recovered," he died in his cell on February 8, 2021, raising questions about the overall accuracy of data from federal prisons.[77]
Effects of COVID-19 on Minority Groupsedit
Although as of May 13, 2020, Black prisoners make up 1⁄3 of the prison population in Missouri, they have had 58% of the positive tests for the state's prison population.[78] 43 prison agencies, including the Federal Bureau of Prisons, have refused to provide any demographic information (besides ages) of prisoners affected by COVID-19. This makes knowing which prisons have larger populations of non-English speaking prisoners who need help understanding preventive measures, such as social distancing, much more difficult.[79] Populations that are more likely to be incarcerated are generally disproportionately affected by pre-existing health conditions such as HIV, hepatitis C and tuberculosis. This creates high concentrations of these diseases within prison populations, with those affected by them having a higher susceptibility to contracting COVID.[80]
Health Servicesedit
Many incarcerated people have preexisting conditions that worsen within prisons because of the settings such as lack of proper sanitation procedures and sharing close spaces in many already overcrowded prisons.[81] The cost of medical services disincentivizes prisons from responding to incarcerated people's illnesses.[81] Even before the COVID-19 pandemic, prisons had difficulties with managing incarcerated people's illnesses for reasons such as the inability to triage.[81] "Punitive solitary confinement" has also been employed as opposed to medical isolation during the COVID-19 pandemic.[82] With the use of solitary confinement, incarcerated people are less likely to report any sickness because they do not want to experience solitary confinement since it is often enforced in inhumane ways that have many damaging effects, especially emotional/psychological ones.[82] This means that there are incarcerated people with unreported symptoms interacting with other incarcerated people and staff, which leads to higher chances of the spread of illness.[82] With the COVID-19 pandemic, there is also a lack of testing, trained and informed health services staff, and treatment resources available.[82]
Immigration detention facilitiesedit
In the past decades, Immigration and Customs Enforcement (ICE) has turned to private, for profit companies to house the growing detainee population. Facilities operated by private companies are not subject to the same standards of accountability and oversight as government-operated facilities.[83] Prior to the coronavirus, conditions in ICE detention facilities were described as overcrowded, unsanitary, understaffed, and dangerous.[84] Detainees were not given sufficient access to medical care, and outbreaks of diseases such as mumps occurred.[85] Over the course of the coronavirus pandemic, ICE has reported that 7,583 detention center detainees have tested positive for COVID-19, and 8 have died (as of 12/03/2020).[86] However, ICE data has been criticized for having gaps and flaws.[87]
In March, detainees at several U.S. Immigration and Customs Enforcement (ICE) facilities went on strike to demand sanitary supplies.[88] Federal judges in California and Pennsylvania have ordered ICE to release several detainees who have sued. Lawsuits are pending in Maryland, Massachusetts, New Jersey, Pennsylvania, and Washington state. As of April 2, there were 35,000 people in ICE custody.[89]
Twenty-seven migrant children held by the Office of Refugee Resettlement have tested positive for COVID-19 as of April 13. Six have recovered; three are in isolation in Texas and Illinois.[90]
In April and May, a series of letters were penned and signed by detainees in neighboring detention facilities in Eloy, AZ. The letters described a lack of food, medical treatment, and adequate safety measures as well as inhumane conditions in quarantine. One detainee stated they were going to ask to be deported in order to escape the facility's conditions.[91][92]
The Vera Institute of Justice released a peer reviewed model based on ICE data from late May. Of the 80,655 people Vera estimates to be held in ICE detention at any point over a 60-day time period, they calculate that 15,549 would contract COVID-19. 235 of these would require hospitalization. 2-17 people would die in the first 60 days.[93]
Arizonaedit
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