How prisons are using COVID-19 containment measures as a guise for torture

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Newly reported data shows that torture continues in federal prison segregation units.

As critical criminology and policy scholars, we publish widely on issues of confinement and are active in community advocacy. We have heard about these practices from prisoners, recently released prisoners and via documents obtained through freedom-of-information requests. Despite changes to policy, lengthy segregation practices in prisons continue and have evolved amid the COVID-19 pandemic.

That same year, the Ontario government amended its regulations limiting segregation to 15 days and requiring an assistant deputy minister to review segregation placements. In August 2020, the Ontario Human Rights Commission filed a motion with the Human Rights Tribunal for an order to hold the province accountable for failing to meet its legal obligations to keep people with mental health disabilities out of segregation.The data we’ve collected through prisoner interviews and via freedom-of-information requests show four forms of forced isolation are being abused in ways that approach or meet the UN definition of torture.

Data shared by Ontario’s solicitor general following our freedom-of-information requests show there were 380 full and partial lockdowns in Ontario jails from January to August 2020. People were confined to cells with next to no time out for phone calls, showers or fresh air. Risk assessment during the pandemic extends pre-existing institutional culture, including the use of 20 risk assessment tools that establish ratings such as security classifications and reintegration scores, and experiences of occupational risk among staff. Prisons are already seen as risky places by management, staff and confined people; COVID-19 has added to those perceptions.Article content

Risk communication has been heavily restricted, with controlled messages aimed at establishing a crisis narrative.

 

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