Prison staff and harm reduction Additional module: Foreign prisoners Training Criminal Justice Professionals in Harm Reduction Services for Vulnerable Groups funded by the European Commission Directorates General for Health and Consumers

2 Foreign prisoners

3 Lecture Foreign prisoners – definition and facts

4 How do we define foreign prisoners? Prisoners not carrying the passport of the country of imprisonment, including Those having lived for a longer period of time in the country of imprisonment without having been naturalised Prisoners who have stayed for a short period of time in the country of imprisonment

5 Foreign prisoners – facts and figures I. Rising numbers of foreign prisoners due to globalisation, migration, trafficking and transnational crime Around 21% of the prison population in Europe comprises foreign nationals Taking those with a migration background into account, numbers are presumably higher The number of foreign national prisoners is increasing in Europe In some countries, those violating immigration laws are imprisoned Foreign nationals are often socio-economically disadvantaged, having already faced inadequate health care and limited access to drug treatment before entering prison

6 Foreign prisoners – facts and figures II. Especially high numbers of foreign prisoners in countries with a large migrant labour force Toughening of sentences for property crime and drug offences in many European countries Increased prison population Socially and economically disadvantaged people from minority groups and foreign nationals have suffered particularly

7 Foreign prisoners – facts and figures III. By tackling the specific needs of foreign prisoners, tension in the prison can be reduced and prison management be improved From the perspective of foreign prisoners, such strategies lead to a better integration into prison services and improve the health status

8 Activity Brainstorming on problems foreign nationals may encounter in prison

9 Lecture Special needs of foreign prisoners

10 Access to justice Potential lack of understanding of the operation of the legal system due to cultural reasons and language barriers Difficulties to find adequate legal counsel Difficulties during interrogations, e.g. in countries where confessions have to be signed

11 Isolation I. Lack of contact with families and communities Lack of support necessary for social reintegration Lack of knowledge of their right to contact the diplomatic representative of their country of origin

12 Isolation II. Many foreign prisoners are imprisoned for drug crimes The proportion is particularly high for women Up to 80% of the female prison population with a foreign nationality are convicted for drug offences

13 Language barriers Impaired communication with other prisoners and prison staff Exclusion from many prison activities A lack of understanding of prison rules Lack of understanding of their rights and obligations Possible unintended breaking of the rules Exclusion from certain services, as requests often have to be made in writing Dependence on interpreters

14 Immigration status Potential loss of legal permit to reside in the country of imprisonment Lack of knowledge and assistance as regards immigration laws, rights and duties Cooperation between immigration authorities and prison administrations mostly non-existent

15 Discrimination I. Discrimination can be visible in verbal and physical abuse or more subtle reflected by: The security level foreign prisoners are allocated The accommodation they are given The number of disciplinary punishments Searching procedures and methods The type of work they are given

16 Discrimination II. Foreign national prisoners are often not considered for home leave or day paroles Foreign national prisoners are often not considered for non-custodial measures Alternatives to prison, like therapeutic treatment for drug dependent persons, are less likely to be applied

17 Health High rates of mental health problems which might result from or lead to problem drug use Special health care needs due to socio-economic marginalization in society Those who also have problem drug use may have experienced poor preventive health, inadequate medical care and treatment prior to imprisonment

18 Culture and religion Foreign national prisoners may have special needs relating to: Facilities for worship Special diets Hygiene requirements

19 Release Foreign prisoners are likely to be ill-prepared for release Inability to take part in special preparatory release programmes Lack of contact and ties with family and community Possible deportation

20 Activity The specific situation in the prison and possible approaches to overcome problems