A day or two in the life (and death) of an incarcerating world

Estimated tuberculosis incidence in prisons (cases per 100 000 person-years) by country in 2019

We’ve passed the hottest day in recorded history. How’s it going, otherwise? Let’s consider the world of prisons, jails, and other forms of locking people up and away. Here’s how we’ve been, at least how we’ve been recorded over the last couple days. Yesterday, the European Court of Human Rights condemned France for its cruel and usually overcrowded and otherwise degrading prisons. Also this week, France’s Inspector General of Places of Deprivation of Liberty condemned the prison in Perpignan for “undignified conditions”. Ireland has the highest number of prisoners and the greatest levels of overcrowding in its history. Women in the Western New Mexico Correctional Facility are suffering state torture and dying at alarming rates. A teenage Aboriginal girl held in Kurlana Tapa Youth Justice Center tried to kill herself. Authorities refused to notify anyone. Why would they? It’s just another Aboriginal prison statistic. And finally, globally, nearly half of all TB cases in prisons and jails go undetected. Incarcerated people are dying. This is a skim of the past four days.

In 2020, 32 incarcerated people from six prisons sued France for inhumane conditions, especially for intense overcrowding. At the center of this was the Fresnes Prison, the second largest prison in France and one of three prisons `serving’ the Paris region. At the time, France’s prisons were at around 116% capacity. Fresnes Prison was at close to 200% capacity. The European Court of Human Rights convicted and fined France for violating inmates’ rights, specifically “the prohibition of inhuman or degrading treatment and … the right to an effective remedy”. Fresnes Prison had already been convicted for similar offenses two years earlier. Yesterday, the same European Court of Human Rights again convicted and fined France, again for violation of rights in Fresnes Prison. This time, along with the general conditions, especially the overcrowding, the plaintiffs also protested full body searches. Today, France’s prisons are at 120% capacity. Given the mass arrests of those protesting police violence, that situation is expected to worsen. Meanwhile, the Inspector General of Places of Deprivation of Liberty published her findings concerning the conditions at the Perpignan Prison, in Pyrénées-Orientales Department in southern France. The report begins by noting that a place designed for no more than 132 persons currently houses 315, or 239% capacity. From there the report went downhill: “endemic overcrowding, toxic material accommodation conditions, unsanitary conditions, proliferation of pests, systematic searches, disproportionate use of force and means of restraint”. This is not the first time that the prison in Perpignan has been cited. Plus ça change …

Speaking of the eternal return of the same, the Irish prisons are overcrowded at a historic level. The most overcrowded is the Dóchas Centre, which is at almost 120% of capacity. The Irish government is reported to be “scrambling” now in response, despite this being a longstanding issue. Rather than build more mental health facilities and more support services, the response has been to build more prisons.

Yesterday, a one-on-one companion observer for incarcerated women at the Western New Mexico Correctional Facility (WNMCF) published her observations of the lethal conditions in the institution, where last three years three of her patients died of suicide and many others attempted suicide: “not only did the prison staff fail to save these women’s lives, but the abuse, neglect, disregard, and maliciousness of prison staff pushed them to the point of desperation that made them feel death was the only option.” They didn’t fail, they refused. In 2022, New Mexico paid over $860,000 to settle allegations of rape and sexual abuse at its women’s prisons. Again, staff “failed” to respond to appropriately, “looking the other way”. They didn’t fail; they refused. There’s a humanitarian crisis at Western New Mexico Correctional Facility … and beyond.

There’s a humanitarian crisis at the Kurlana Tapa Youth Justice Centre as well. The Kurlana Tapa Youth Justice Centre is the only juvenile detention center in South Australia. This week, it was reported that an Aboriginal teenage girl tried to commit suicide in early 2023, and the detention center didn’t inform anyone for months. Actually, they never did actually report the incident. They didn’t see the need. The girl, a sexual abuse survivor, was arrested on some minor offences. Bail was recommended, but because of mental health issues, she was remanded for assessment. When she tried to commit suicide, the staff intervened and took her to the hospital. Then, they reported that they took her to the hospital as a precaution. It was only two months later, when her attorney read court-ordered hospital psychiatric reports, only then did she find out that her client had tried to kill herself. The prison staff never informed her of that. They didn’t fail, they refused. Lately, children at Kurlana Tapa have been locked in their cells 23 hours a day, and incidents of self-harm have skyrocketed. Australia finds this “shocking”.

Finally, a study came out, reported on this week, that studied the global situation of tuberculosis in prisons and jails in 2019, that is prior to Covid. The study found the following: “The high incidence rate globally and across regions, low case-detection rates, and consistency over time indicate that this population represents an important, underprioritised group for tuberculosis control. Continued failure to detect, treat, and prevent tuberculosis in prisons will result in unnecessary disease and deaths of many incarcerated individuals.” Nearly half of TB cases among incarcerated people go undetected. Again, not failure, refusal.

From France to Ireland to the United States to Australia to entire world, prisons and jails are dangerous and often lethal. If we know, as we now do, that prisons and jails, especially but not only overcrowded institutions, breed tuberculosis which goes `undetected’ if we know, as we now do, that sending people to those places results in `unnecessary disease and deaths’, and we won’t discuss the concept of necessity here, how can we continue to send people, women, children, anyone, to those places? Just another day or two in the life (and death) of an incarcerating world.

 

(By Dan Moshenberg)

(Infographic Credit: The Lancet Public Health)

Covid Operations: We’re all in this together? 7 of the 10 largest Covid-19 clusters in the U.S. are jails and prisons. Do not look away.

According to yesterday’s New York Times, 7 of the 10 largest Covid-19 clusters in the United States are prisons and jails: Marion Correctional Institution, Marion, Ohio, 2,168 cases; Pickaway Correctional Institution, Scioto Township, Ohio, 1,632 cases; Cook County Jail, Chicago, Illinois, 812 cases; Cummins Unit prison, Grady, Arkansas, 695 cases; Neuse Correctional Institution, Goldsboro, N.C., 457 cases; Parnall Correctional Facility, Jackson, Michigan, 232 cases; Stateville Correctional Center, Cresthill, Illinois, 191 cases; for a grand total of 6187 reported cases, and that was yesterday. The numbers continue to rise. (For example, on Sunday, Marion Correctional reported 1828 cases among the prison population, 73% of the prisoners. As of yesterday, the number was 2168, a 6 percent increase in three days.) As of this afternoon, 26 states have fewer than 6100 reported cases. Really, what else is there to say? We made this particular mess, this is who we are, we built our own archipelago of death and now we are told we are all in “this” together. Do not look away.

In the past two days, two reports have come out, one concerning the certain catastrophe built into U.S. jails; the other concerning the certain catastrophe built into prisons and jails across the globe. While horrifying, none of this new or unknown.

According to a report by the ACLU and researchers from Washington State University, the University of Pennsylvania and the University of Tennessee, a failure, or better refusal, to reduce jail populations will result in an additional 100,000 to close to 200,000 deaths. Why? Overcrowding. “The United States has the highest incarceration rate in the world — with only 4 percent of the world’s population but 21 percent of the world’s incarcerated population …. Given the overcrowding and substandard conditions in most U.S. jails and prisons, standard public health interventions to `flatten the curve’ and prevent the spread of COVID-19 are simply not feasible. Most are unable to allow for six feet of social distancing among incarcerated people and staff and lack the facilities that allow for the recommended hand washing and cleaning of surfaces. Moreover, the health care available in our nation’s jails is chronically substandard, further fueling the growth of the pandemic and increasing mortality rates among those infected while in jail …. Jails, in particular, also act as vectors for infection in their surrounding communities. Jails are revolving doors for incarceration and face 10.7 million admissions a year3. That’s an admission every three seconds in America.” None of this, absolutely none of this, is new or surprising. It’s bad, but it’s not startling.

According to a report issued today by Penal Reform International, with the Thailand Institute of Justice, what’s true of U.S. jails, prisons and detention centers is true as well for much of the world’s population. The report opens: “Over 11 million people are imprisoned globally, the highest number yet. Around 102 countries reported prison occupancy levels of over 110 per cent. The magnitude of issues and associated human rights violations stemming from over-imprisonment became clear in efforts to prevent and contain outbreaks of COVID-19 in prisons.” Where in the incarcerated world are the women? In toxic, overcrowded, overly punitive, misogynistic, even femicidal prisons:  “Almost ten years since their adoption, the UN Bangkok Rules on women prisoners and non-custodial alternatives for women remain largely unimplemented. The global female prison population doubled in twenty years, yet justice systems and institutions remain largely designed for a homogeneous male population …. People who have not been found guilty of a crime outnumber convicted people in prison in at least 46 countries. Minorities, foreign nationals, women and the poorest people of our societies are all more likely to be detained on remand …. Prohibition-based drug policies have driven prison populations up. Over 2 million people are in prison for drug-related offences, 83 per cent of them serving a sentence for drug possession for personal use. A larger proportion of women than men are imprisoned for drug offences.” The report goes on to detail the particularities of abuse for the fastest growing prison population, globally as well as in the world’s leading incarcerator and leading proponent of incarceration as the only way forward. 

PRI’s Executive Director, Florian Irminger, summed up the four horsemen of today’s apocalypse, which is the apocalypse of the past four decades: “Overcrowding, lack of basic healthcare, limited access to clean water, inhumane living conditions.” None of this is new. It’s bad, but it’s not surprising. Overcrowding kills, overcrowding always has killed. As prison suicide and self-harm rates of the last four decades has shown, overcrowding morbidity has a woman’s face and body.  

We are told, and many of us would want to believe, that we are in this together. Together would mean that one doesn’t get to choose the outer boundaries of we. If we are in this together, let’s together end the overcrowding of prisons, jails, immigration centers, juvenile detention. Let’s not forget refugee camps: “As of May 2019, 90 per cent of the 73,000 people living in the al-Hol camp in Syria were women and children.” Wherever you are, local organizations and coalitions are organizing to empty the cells, immediately, and then to make sure that they are never again stocked with humans treated as so much trash. Reducing, and ending once and for all, overcrowding in carceral spaces is not rocket science. It simply involves all of us being in this together. Please, do not look away.

 

(Photo Credit: The Guardian/Tannen Maury/EPA) (Infographic Credit: ACLU)

Once again, prison is Canada’s “travesty”, England’s “scandal”. Who cares?

This week, within a 24-hour span, major reports revealed that Canada’s prison system “is nothing short of a national travesty” and the prisons of England and Wales are “a national scandal”. The reports are important, well researched, and grim, but they also repeat the findings of earlier reports, with one glaring exception. The situation is worsening, in fact the negative aspects are at an all-time high. If the various national populations have time and again received reports of a terrible situation worsening and if those populations and their national governments have done nothing, have done less than and worse than nothing, it is reasonable to ask, “Who cares?”

On Tuesday, January 21, 2020, Canada’s Correctional Investigator, Dr. Ivan Zinger, released a report on the current status of Canadian prisons: “Four years ago, my Office reported that persons of Indigenous ancestry had reached 25% of the total inmate population.  At that time, my Office indicated that efforts to curb over-representation were not working.  Today, sadly, I am reporting that the proportion of Indigenous people behind bars has now surpassed 30% … On this trajectory, the pace is now set for Indigenous people to comprise 33% of the total federal inmate population in the next three years.  Over the longer term, and for the better part of three decades now, despite findings of Royal Commissions and National Inquiries, intervention of the courts, promises and commitments of previous and current political leaders, no government of any stripe has managed to reverse the trend of Indigenous over-representation in Canadian jails and prisons. The Indigenization of Canada’s prison population is nothing short of a national travesty.” Indigenous women are the core of this Indigenization of Canada’s prison system, accounting for 42% of women inmates. In some prairie regions, Indigenous women comprise almost 90% of the prison population. Where once there were boarding schools, now there are prisons and jails.

On Wednesday, January 22, 2020, Inquest released its report, Deaths in prison: A national scandal. At the outset, the report notes that “levels of distress are at record high levels” and that “since 2016 the number of deaths have remained at historically high levels, with little sign of significant change.” 2016 was “deadliest year on record”. In their press release, Inquest suggests that that “‘national scandal’ of deaths in prison caused by neglect and serious failures.” But what if it’s neither neglect nor failure? What if death, largely through self-harm, is the system successfully at work?

This question arises out of the cyclical redundancy of these discoveries. 2013: Canada’s Correctional Investigator reports that federal and provincial prisons are booming, with Aboriginal people, especially women, “over-represented” in prisons, in maximum security and solitary confinement. 2014: Canada’s Correctional Investigator reports concern over the incarceration of Aboriginal women and the routine use of psychotropic drugs to control Aboriginal women behind bars, producing a mass population of “walking zombies”. 2016: another report, more expression of concern: Of 683 women prisoners, 248 are Aboriginal. Over 36% of women prisoners are Aboriginal. There’s more, but you get the picture.

In England and Wales, the picture is the same. Here’s 2014: “In 2014, 84 people killed themselves `in custody’ in England and Wales That’s the highest figure in seven years and an increase of 12% over the year before. The rise in suicide is surpassed by the rise in self-harm, up more than 25%. Overall, it was a banner year for the prison state, with 243 deaths in custody.” 2016, as noted, prison deaths, and particularly suicides, soared, as did self-harm: “When considering females, despite the falls seen between 2009 and 2012, rates of individuals self-harming among females remain disproportionately high in comparison to the overall rates of individuals self-harming … Females accounted for nearly a quarter of self-harm incidents in this reporting period, but only make up less than 5% of the prison population.” Again, there’s more, but the picture is already clear.

Both the Office of the Correctional Investigator of Canada and Inquest note the need to learn from past experiences while both express disappointment at lessons unlearned, unheeded, but what if there are no lessons to learn? What if these deaths are but a station on a global assembly line at which employees dutifully stand and wait for the next body to ignore? The prisons of Canada and of England and Wales are a tiny part of the global labor of necropower: “New and unique forms of social existence in which vast populations are subjected to conditions of life conferring upon them the status of living dead … Under conditions of necropower, the lines between resistance and suicide, sacrifice and redemption, martyrdom and freedom are blurred.” Once again, prison is Canada’s “travesty”, England’s “scandal”. Who cares?

 

(Infographic Credit 1: Office of the Correctional Investigator of Canada) (Infographic Credit 2: The London Economic)

In Mississippi, 15 prison deaths a month is “normal”

Nicole Rathmann

On August 23, 2018, 23-year-old Nicole Rathmann died. Nichole Rathmann had served six years in Mississippi prison on a drug conviction. She was supposed to be released last week, and in a sense, a horrible sense, she was. Prison officials say Nichole Rathmann died of an aneurysm, but a doctor at the hospital where Nicole Rathmann died says the aneurysm resulted from regular ingestion of meth while a “guest” of the Central Mississippi Correctional Facility in Pearl. Nicole Rathmann’s father says, “I know my daughter was no angel, but she was the responsibility of the state. She was an addict. They didn’t help her.” Unfortunately, Nicole Rathmann received precisely the kind of “help” prisons routinely offer prisoners needing help, and in particular women prisoners. What happened to Nicole Rathmann? Absolutely nothing out of the ordinary. In fact, the prison itself concurs with this conclusion.

In August 2018, 15 prisoners died in Mississippi prisons. They ranged in age from 24 to 75. According to the Mississippi Department of Corrections, “most of the reported deaths during the month of August are from illnesses or natural causes, such as cancer and heart disease, based on available information.” Nevertheless, the Department is asking the FBI to investigate the causes … of these “natural causes.”

When asked if there was any cause for concern at this seeming spike in deaths, Mississippi responded that 15 is not a spike. Earlier in the week, when the number was reported at 12, Mississippi’s prison commissioner responded that 12 “is not out of line with the number of deaths in previous months.” While orange may be the new black, in Mississippi’s prisons, mourning black is the new normal.

When asked for supportive data, none was provided. What we do know is that Mississippi has one of the highest rates of incarceration in the country, and this despite periodic attempts to reduce the prison population. We know that, for the past twenty years, in any given year, the rate of mortality in Mississippi prisons is among the highest. We know that, although the number of women incarcerated has been reduced, the conditions in the Central Mississippi Correctional Facility, Mississippi’s only women’s prison, remain toxic. We know Nicole Rathmann is dead, and that’s how the State took responsibility for her.

Families grieve their loved ones; families, friends, supporters, prison reform and abolition advocates, and strangers make demands. Prison continues to be a factory where death does have dominion, even over data. The State measures its responsibility to prisoners in the number of caskets it rolls out. What happened to Nicole Rathmann? Absolutely nothing out of the ordinary.

 

(Photo Credit: NBC News / Rathmann family)