Making prisoner deaths visible: Towards a new epistemological approach

In custodial contexts, the duty of states to protect the most fundamental right-to life-is heightened. Nevertheless, prisoner deaths are a universal and frequent concern. The mortality rate among the 11.5 million prisoners globally is up to 50% higher than amongst non-imprisoned persons , forming a human rights and health equity concern. It is therefore peculiar that prisoner deaths have attracted only piecemeal scholarly attention. In this article, we problematize epistem-ologies of prisoner death, highlighting obfuscations and agglomerations in existing datasets based on poor definitions, reductive statistics and constrained medico-legal categorizations. We provide a springboard towards a new epistemological approach that makes the scale and breadth of prisoner deaths and deceased prisoner characteristics more visible to facilitate prevention. We advance three tenets: count prisoners who die rather than deaths in prison, disaggregate prisoner death data through rights-informed dimensions and adopt explicitly defined, mutually exclusive categorizations

The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation

In several European countries, prisons have been created solely to house foreign national prisoners without leave to remain. Contrary to contemporary international human rights law and standards on prison management, there seems to be a trend towards the disapplication of rehabilitative theory and practice for this group of prisoners. In particular, they do not seem to receive the same preparation for release and reintegrative support as other prisoners. This paper explores the role international standards and oversight bodies have in upholding rehabilitation as the foundational objective for prison management in foreign national only prisons. It outlines the changes to the prison estate, policy and regime that have resulted from the increasing focus on removal within both the prison and penal process. The consequences of the disapplication of rehabilitation for prisons, prison officers, prisoners and society itself are analysed before the paper moves to examine the role oversight bodies could and should play in the protection of the rights of this vulnerable category of prisoner and the primacy that should be accorded to rehabilitative theory and practice. It concludes by asking whether such standards and oversight have inverted the panopticon by placing the trigger for international reactions in the hands of prisoners and NGOs