6 August 2008

A prison is not a penal colony

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Ha'aretz

Haaretz israel news English


By Haaretz Editorial

July 31 2008
Tags: report, Prison, Israel



The Public Defender's report on the situation of prisoners in 2007 reveals serious failures in Israel's prisons. The editors of the report do note that the Israel Prison Service opened its doors without reservations to the inspector, related seriously to findings and criticism, and that at the time of the editing of the report, some of the distortions had been corrected. Nevertheless, the findings are cause for concern.

Most disturbing of all is the violence by prison guards and their commanders toward prisoners and detainees, especially when it comes to minors.

The report, which examined 11 prisons and jails, reveals inter alia that at the Ofek Prison, where all of the prisoners are minors, there are disproportionate and collective punishments including, for example, shackling all four limbs to a bed. Considered a means of restraining suicidal minors that requires a doctor's authorization, this is used at Ofek as a means of punishment. This is an outrageous, inhumane method that exacerbates despair and suicidal tendencies among the prisoners.

The Prison Service claims that the problems at Ofek, considered one of the most advanced facilities (the writers of the report confirm the classrooms, leisure time activities and physical facilities have improved), stem from poor management, and in a discussion in the Knesset Constitution, Law and Justice Committee they promised that the management would be replaced in the near future. If this is the case, there is no reason to wait, and it must be ensured that the new management changes the approach.


At other facilities, where physical conditions are also sometimes disgraceful - intolerable crowding, filth and negligible exposure to fresh air - cases of violence and harsh abuse were found. At all of the facilities there were beatings, delays in meetings with family members and lawyers and, worst of all, excessive punishment. It appears that the Prison Service has forgotten that prisons are not penal colonies ,and putting a person behind lock and key does not mean total and perpetual distancing from society. The period of imprisonment is supposed to be a designated period of punishment, but at the same time it must afford an opportunity for rehabilitation and provide new tools that will enable normative functioning. The Public Defender's report that sweeping punishment thwarts rehabilitation.

What is true of adult prisoners is even truer of minors. And, indeed, the report points to the need to staff the facilities for minors with superior and very skilled personnel. This, however, is not enough, as the report also reveals a serious dearth of manpower, social workers and treatment plans.

All of these are equally deleterious to the chances of rehabilitation, and moreover, transform the prisoners into recidivists who become a heavy burden on society and the economy. The harsh report does, however, have a bright spot, and this is the very fact of its existence. The flaws and injustices are grave, but there is no doubt that the oversight, and to an equal extent the exposure, that has been carried out by the Public Defender since 1999 contribute to the rectification of the norms that have engendered these flaws and injustices.

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