Interview
Terry Hackett
Head of the Persons Deprived of Liberty Division, International Committee of the Red Cross (ICRC)
Can you tell us more about the focus of the ICRC’s work in detention environments?
TH: The focus of our humanitarian mandate in detention environments is on preventing enforced disappearances and ill treatment and on improving the conditions of detention of people deprived of liberty in armed conflicts and other situations of violence. As a neutral, impartial and independent actor, the foundation of our work in detention is our visits to prisons, police stations and military detention or internment facilities. Our visiting teams include colleagues focused on the well-being and treatment of detainees, medical professionals, engineers, former prison managers and other specialists such as nutritionists.
During our visits, we look at the overall situation of those detained, beginning at arrest including procedural safeguards and judicial guarantees. We also build an understanding on how detainees are treated, their connection to their families, their access to critical services such as health care and of course the built environment they are held in.
We do this both through direct observations but more importantly, by speaking with those who are detained in a private and confidential manner to understand their concerns. We also talk to the people who work in the place of detention to understand their perspective and the challenges they face in
managing the facility.
Considering all we have observed and heard, we discuss the humanitarian issues identified as well as practical solutions with the detaining authority in a bilateral and confidential manner. We also bring concreate recommendations, based on domestic and international legal frameworks or standards. Depending on the circumstances, we can also bring technical assistance to help support authorities in addressing the root causes of the issues we identified.
It is important to clarify that we visit places of detention where we work on a regular basis as our engagement is based on a sustained commitment and engagement with detainees, prison staff and other authorities. In some cases, we also follow up with people who had been detained after their release or their families as well to understand how being detained has impacted them.
In 2023 the ICRC engaged with around 120 different detaining authorities in 84 countries and conducted 2,618 visits to 885 places of detention around the world.
From the perspective of the ICRC, what are some of the most common infrastructure constraints in prison systems today? How do these challenges affect the dignity and humane treatment of detainees?
TH: Throughout the world the ICRC continues to see antiquated and often poorly maintained colonial infrastructure that negatively impacts on the dignity and health of people deprived of liberty. Within many countries where the ICRC is present, the already fragile infrastructure has been further degraded by years of conflict and lack of funding. Over 55% of prison systems around the world are operating above capacity with overcrowding placing additional stresses on already inadequate water, sanitation, and ventilation systems.
The lack of investment in maintaining prison infrastructure impacts not only the dignity and health of detainees but also prison staff and surrounding communities. Lack of clean water and blocked sanitation systems, the resulting infestation of vermin are vectors for significant public health concerns that
don’t end at the gates of an institution. The absence of proper ventilation, combined with extreme heat and severe overcrowding results in suffocating conditions where the simple act of taking a breath is a struggle. Further, communicable disease impacts everyone who lives and works in that environment, often with a risk of being a vector to a wider public health concern through staff or visitors. As you can imagine, the mental health impacts of such conditions are also devastating.
Where new facilities are being built, they are often driven by politics or a donor state rather than through evidence driven or participative planning, where people with lived experience in detention, prison staff or local communities are included in the design process. We also see new prisons being located far from the required services or transportation hubs, resulting in logistical constraints for prison managers and significant challenges for family visitation.
As anyone who has run a prison or correctional facility knows, infrastructure can dictate daily regimes and divert precious human resources from critical dynamic security functions to static posts. Poorly built or maintained infrastructure can also pose significant challenges in meeting the United Nations Minimum standards for the treatment of prisoners otherwise known as the Nelson Mandela Rules.
Environmental and climate hazards also have significant impacts not only on the detention infrastructure, but of course also on the safety and health of persons deprived of liberty and prison staff. However, despite their high susceptibility to environmental and climate hazards, places of detention often remain left behind when it comes to disaster risk management or mitigation measures.
What are ICRC’s priorities when collaborating with authorities to address these issues? What approaches have proven most impactful?
TH: Our priorities are driven by the most pressing humanitarian needs we observe when we visit places of detention as I described earlier. This could be in relation to addressing concerns on how detainees are treated within the place of detention, improving family contact or increasing access to essential services such as healthcare, clean water or adequate and sufficient food.
Often the root causes of the issues we identify are systemic in nature and require a longer-term approach that builds on the existing capacity of authorities to find locally driven, sustainable solutions.
In the specific case of infrastructure, our work to identify and work with authorities to address systemic concerns and build local capacity is multifaceted and is of course context dependent. Our approaches may include facilitating discussions or reviews of planned blueprints resulting in authorities reali sing that they need to develop their own local standards rather than accepting a cut and paste model from another context.
Could you describe the key principles of Towards Humane Prisons and how they differ from traditional models of prison development?
TH: First and foremost, the publication is anchored on the fact that any plan of prison expansion should prompt an analysis of the broader criminal justice system to ensure that imprisonment is only used as a last resort.
When it is determined there is indeed a need for new infrastructure or to replace existing prisons, a paradigm shift in terms of planning and design is critical if prison authorities are to make prisons more humane. A traditional model of prison development is generally driven by the need to increase capacity rather than by the needs of both people deprived of liberty and the community at large.
Towards Humane Prisons introduces a principled approach, derived from the Nelson Mandela Rules and other International Human Rights norms, that shifts the lens from walls and cells to people and purpose. This approach is based on four main principles: Do no harm, Maintain a maximum of normality, Promote health and personal growth and Maintain strong connections to society.
At the heart of the methodology is a participatory approach that ensures people with lived experience in detention, prison staff, local communities and other stakeholders are engaged from the onset of the planning and design process.
The needs, purpose and vision must drive the prison design rather the opposite effect that I described earlier where poorly planned prison infrastructure negatively impacts the treatment and dignity of persons deprived of liberty.
Of course, humane treatment and respecting the dignity of people deprived of liberty goes well beyond well planned, designed and built infrastructure. Effective prison management based on the Nelson Mandela rules, other international standards and domestic law, with strong effective independent oversight is critical. However, by adopting this principled and participatory approach, the ICRC believes the built environment can serve as a strong foundation towards humane prisons.
What challenges does the ICRC see in applying these principles universally across different countries and contexts? What do you think should be the role of international cooperation in supporting these projects in low-resource countries?
TH: The principles outlined in Towards Humane Prisons are universal and can indeed be applied in any country and adapted to any cultural or socio-economic context. However, political will and strong leadership on the part of prison authorities is of course an essential factor. All too often we witness the politization of detention that can inhibit an inclusive, participatory approach to prison planning and design. Further, it is important to ensure that the principles are applied from the onset of any planning and design process as it is much easier and cheaper to erase a line on a blueprint than it is to move or modify a wall once it is built.
The role of international cooperation must be one of facilitation and not imposition. It is essential that models of prison design are not imported in a cut and paste approach and that home grown, sustainable solutions, adapted to the local context, climate risks and available resources are developed and implemented. Improved interagency cooperation and coordination is also essential to optimise resources, solidify ownership by local authorities. Finally, a participatory and principled approach by all actors involved in the development of new infrastructure will serve as a strong foundation to ensure a more humane built carceral environment.
Terry Hackett
Head of the Persons Deprived of Liberty Division, International Committee of the Red Cross (ICRC)
Terry Hackett became the Head of Persons Deprived of Liberty Division at the International Committee of the Red Cross (ICRC) in Geneva in 2022. He joined the ICRC in 2018 as a Prison System Adviser following a 22-year career with the Correctional Service of Canada (CSC) including roles as Director of various facilities and Assistant Deputy Commissioner of Correctional Operations (Pacific). Terry holds advanced degrees in International Law of Armed Conflict (Geneva Academy of International Humanitarian Law and Human Rights), Human Security and Peacebuilding (Royal Roads University), and a BA in Psychology (Trinity Western University).
Advertisement
