COVID-19, Prisons and Drug Policy
Global Scan – March-June 2020
Detention settings are high-risk environments for the spread of infectious diseases. As such, COVID-19 has posed unprecedented challenges for governments and prison administrations, catalysing the uptake of exceptional measures around the world to decongest prisons.
According to Penal Reform International, over 11 million people are imprisoned around the world. Twenty-one percent are detained for non-violent drug offences, including drug use and possession for personal use, making drug policy a significant driver of incarceration at the global level. The United Nations (UN) has expressed strong and unanimous support for the decriminalisation of possession and use of drugs, including calling on governments promote alternatives to conviction and punishment.
Compared to the general population, people in detention experience higher rates of chronic health problems such as HIV, TB, hepatitis C, diabetes, high blood pressure, as well as substance use and mental health problems. Studies show that access to healthcare in prisons is often limited, and of poorer quality than in the community.
Harm Reduction International monitored prison decongestion measures adopted around the world between March and June 2020 in response to COVID-19, and found evidence of such schemes in 109 countries. We tracked criteria for eligibility and implementation of the measures. Noting that UN experts recommended countries release "those charged for minor and non-violent drug and other offences" in the context of COVID-19, we further focused on how these measures impact on people in prison for drug offences.
Despite a scarcity of official information, we found that around a fourth of countries implementing decongestion schemes explicitly excluded people incarcerated for drug offences; effectively prioritising punitive approaches to drug control over the health of the prison population and the individual.
Looking at the cumulative effect of COVID-19-related schemes, we observe that in total, they reduced the global prison population by less than 6%, as at 24 June 2020. This falls significantly short of expectations and the significant political commitments made in the name of public health.
Read our key findings in the briefing here
- Diversion measures – people detained for drug offences included
- Diversion measures – people detained for drug offences excluded
- Unclear
Country | Authority | Decongestion measures | Decongestion measures - Criteria considered for eligibility | Are people detained for drug offences excluded? | Outcome | Prison population (latest available, pre COVID-19) | Congestion rate, %age (latest available, pre COVID-19) | Confirmed COVID-19 cases in prison? | Confirmed COVID-19 deaths in prison? |
---|---|---|---|---|---|---|---|---|---|
AFGHANISTAN | Executive | Early release | Children Elderly Health conditions Women |
Yes | 5,000 releases | 30748 | 179.9 | Yes | Yes |
ALBANIA | Executive | Temporary release | Sentence served/left | Yes | 600 releases | 5063 | 85 | Yes | No |
ALGERIA | Executive | Pardon | Pre-trial detention Sentence served/left |
Yes | 5,037 releases | 65000 | 89.3 | Yes | Yes |
ANGOLA | Executive | Early release Expedite proceedings |
Pre-trial detention Other |
Unclear | 3,000+ releases | 24000 | 110.8 | No | No |
ARGENTINA | Judicial | Home arrest | Elderly Offence Pregnant women Women with children Health conditions |
No | 500+ releases | 94883 | 122 | Yes | Yes |
AUSTRALIA | Executive | Home arrest | Availability of accommodation Elderly Health conditions Offence Other |
No | 120+ releases |
43134 | 112.2 | Yes | No |
AUSTRIA | Executive | Other | Offence Other |
Unclear | Prison population decrease: - 500 | 9351 | 105.8 | Yes | Yes |
AZERBAIJAN | Executive | Early release | Elderly Sentence served/left |
Unclear | 370+ releases | 21926 | 86 | Yes | No |
BAHRAIN | Executive | Pardon Other early release |
Nationality Sentence served/left Other |
No | 1,701 releases | 3485 | 110.2 | Yes | No |
BANGLADESH | Executive | Pardon Early release Expedite proceedings |
Offence Sentence served/left Other |
No | 2,329 releases 2,884 releases planned |
89506 | 220 | Yes | Yes |
BELARUS | Executive | Pardon | Children Elderly Health conditions Men and women with children Sentence served/left |
Yes | 2,500 releases planned 6,000 releases from "open correctional facilities" planned |
32500 | 83.4 | Yes | No |
BELGIUM | Executive | Temporary release | Availability of accommodation Conduct in prison Offence Sentence |
No | 323+ releases Prison population decrease: 10% March/April |
10883 | 120.6 | Yes | No |
BENIN | Executive | Release on parole/bail | Conduct in prison | Unclear | 411 prisoners released | 8502 | 151.3 | No | No |
BOLIVIA | Executive | Pardon | Breastfeeding women Elderly Health conditions Offence Pregnant women Single parents of young children |
No | 2 releases 5,000+ releases expected |
19161 | 363.9 | Yes | Yes |
BOTSWANA | Executive | Early release | Unclear | Unclear | 149 releases | 4343 | 100.9 | No | No |
BRAZIL | Judicial | Home arrest Early release Other |
Elderly Health conditions Offence Pregnant women Pre-trial detention Sentence |
No | 30,000 releases expected |
773151 | 167.7 | Yes | Yes |
BURKINA FASO | Executive | Pardon | Elderly Health conditions Sentence served/left |
No | 1,207 releases | 7621 | 189.6 | No | No |
CAMBODIA | Executive | Early release Expedite proceedings |
Conduct in prison Offence Sentence served/left |
No | 10,000 releases planned | 38990 | 146.6 | No | No |
CAMEROON | Executive | Early release | Children Offence Sentence Other |
Yes | 1,000~ releases | 30701 | 171.4 | Yes | Yes |
CANADA | Judicial | Early release Temporary release Expedite proceedings |
**varies by state** Health conditions Offence Pre-trial detention Sentence served/left |
No | 2,000+ releases | 39579 | 102.2 | Yes | Yes |
CAYMAN ISLANDS | Prison administration | Early release | Nationality Offence Sentence served/left |
Unclear | 18+ releases | 240 | 102.1 | Yes | No |
CENTRAL AFRICAN REPUBLIC | Executive | Early release | Breastfeeding women Children Elderly Health conditions Offence Pregnant women |
No | Unclear | 764 | Unknown | No | No |
CHAD | Executive | Early release | Children Elderly Health conditions Pregnant women |
No | 3,200 releases | 8700 | 323 | No | No |
CHILE | Executive | Home arrest | Availability of accommodation Elderly Offence Pregnant women Women with young children |
Yes | 1,591 releases | 38657 | 100.4 | Yes | Yes |
COLOMBIA | Executive | Home arrest, temporary | Availability of accommodation Breastfeeding women Elderly Health conditions Offence Pre-trial detention Sentence Sentence served/left Women with young children in prison |
Yes **appealed** |
566 releases 4,000 releases expected |
117336 | 139.5 | Yes | Yes |
COMOROS | Executive | Early release | Offence | Unclear | Unclear | 225 | 161.7 | No | No |
CONGO BRAZZAVILLE | Executive | Early release | Offence Sentence served/left |
Unclear | 365 releases | 1388 | 616.9 | No | No |
COSTA RICA | Judicial | Home arrest, temporary | Conduct in prison Elderly Health conditions Pregnant women |
Yes (pre-trial) | 40~ releases | 19226 | 129.1 | No | No |
COTE D'IVOIRE | Executive | Pardon Early release |
Offence Sentence served/left |
Unclear | 2,004 releases | 21186 | 196.9 | Yes | No |
CUBA | Executive | Early release Release on parole/bail |
Conduct in prison Pre-trial detention Risk |
Unclear | 6,500+ releases | 90300 | Unknown | No | No |
CYPRUS | Executive | Early release Home detention |
Sentence served/left | No | 137 releases | 723 | 98.1 | Yes | No |
DEMOCRATIC REPUBLIC OF CONGO | Executive | Release on parole/bail | Offence Pre-trial detention |
No | 2,200+ releases | 20550 | 400 | Yes | No |
DJIBOUTI | Executive | Early release | Sentence served/left | No | 178+ releases | 600 | 171.3 | No | No |
EGYPT | Executive | Pardon Early release |
Offence Sentence served/left |
Yes | 6,935 pardons 233 releases |
106000 | Unknown | Yes | Yes |
ETHIOPIA | Executive | Pardon Other |
Offence Pregnant women Sentence Sentence served/left Women with children |
No | 40,000~ releases | 113727 | Unknown | Yes | No |
FRANCE | Executive | Home arrest | Offence Pre-trial detention Sentence served/left |
No | Prison population decrease: -14,000 March-June |
70059 | 116.5 | Yes | Yes |
GABON | Executive | Pardon | Sentence served/left | No | 680 releases | 4476 | Unknown | No | No |
GAMBIA | Executive | Pardon | Unclear | Unclear | 115 releases | 691 | 172.5 | No | No |
GERMANY | Executive | Early release | Sentence Sentence served/left |
No | 1,000 releases expected | 63643 | 85.6 | Yes | No |
GHANA | Executive | Pardon | Criminal history Elderly Health conditions Sentence served/left |
No | 808 releases | 15463 | 155.5 | Yes | No |
GUINEA BISSAU | Executive | Pardon | Offence Sentence served/left |
Yes | 9 releases | 196 | 102.2 | No | No |
GUYANA | Prison administration | Early release | Elderly Heatlh conditions Offence Sentence served/left |
No | Unclear | 2069 | 137.5 | No | No |
HAITI | Prison administration Judicial |
Early release | Conduct in prison Elderly Health conditions Pre-trial detention Sentence served/left Other |
Unclear | 459+ releases | 10905 | 454.4 | Yes | No |
HONDURAS | Judicial | Early release | Health conditions Elderly | unclear | 962 releases | 21629 | 204 | Yes | Yes |
INDIA | Judicial | Release on parole/bail Temporary release |
**varies by state** | **varies by state** | 66,000+ releases | 466084 | 117.6 | Yes | Yes |
INDONESIA | Executive | Release on parole/bail | Children Conduct in prison Elderly Health conditions Sentence Sentences served/left |
Yes - if sentence over 5 years | 39,000+ releases | 268967 | 203.8 | Yes | Yes |
IRAN | Executive | Pardon Temporary release |
Unclear | No | 10,000~ pardons 75,000~ releases, some temporary |
240000 | 153 | Yes | Yes |
IRAQ | Judicial | Early release | Offence | Unclear | 17,455+ releases | 45000 | 139.2 | Yes | No |
IRELAND | Executive Prison administration |
Temporary release | Offence Sentence Sentence served/left |
No | 300+ releases Prison population decrease: -505 March-June |
3983 | 93.9 | No | No |
ISRAEL | Executive | Early release | Offence Sentence |
No | 400~ releases | 19376 | 80.1 | Yes | No |
ITALY | Executive | Home arrest | Availability of accommodation Offence Sentence Sentence served/left |
No | 3,282 releases Prison population decrease: -8,000 Jan-May |
60125 | 118.9 | Yes | yes |
JORDAN | Judicial | Early release | Offence + pre-trial detention | Yes | 1,500 releases | 20060 | 150.2 | No | No |
KENYA | Judicial Prison administration |
Expedite proceedings |
Offence Sentence Sentence served/left |
No | 7,000~ releases | 53348 | 190.5 | Yes | no |
KUWAIT | Prison administration | Early release | Offence Other |
Yes | 24+ releases | 4662 | 134.1 | No | No |
KYRGYZSTAN | Executive | Pardon | Elderly Health conditions Offence + criminal history Sentence served/left Women with children |
Yes | 3,000 releases expected | 10142 | 61.7 | No | No |
LEBANON | Executive | Early release | Sentence served/left | No | 559 releases | 10032 | 286.6 | No | No |
LIBERIA | Executive | Offence Pre-trial detention |
Offence Pre-trial detention |
Unclear | 200+ releases | 2700 | 222.1 | No | No |
LIBYA | Executive Judicial |
Early release | Elderly Health conditions Pre-trial detention Sentence served/left Other |
Unclear | 1,700+ releases | 9100 | 141.6 | No | No |
MADAGASCAR | Executive | Early release | Other (only journalists eligible) | Yes | Unclear | 27903 | 237.4 | No | No |
MALAWI | Executive | Early release | Health conditions Offence Sentence served/left |
Unclear | 1,392 releases | 14060 | 200.9 | No | No |
MALDIVES | Executive | Pardon | Availability of accommodation Conduct in prison Offence Other |
Unclear | 105 releases | 1852 | 127.7 | No | No |
MALI | Executive | Pardon | Health conditions Pregnant women Sentence served/left |
Unclear | 1,200 releases | 5209 | 223.3 | No | No |
MAURITIUS | Judicial | Early release | Conduct in prison Elderly Health conditions Sentence served/left |
Yes | 423 releases | 2387 | 116.9 | No | No |
MEXICO | Legislative | Early release | Criminal history Elderly Health conditions Offence Pregnant women Other |
No | 0 released through the amnesty 3,436 releases through existing mechanisms |
198384 | 90.1 | Yes | Yes |
MOROCCO | Executive | Pardon | Conduct in prison Elderly Health conditions Sentence served/left |
Yes | 6,000+ releases | 85767 | 136.9 | Yes | Yes |
MOZAMBIQUE | Legislative | Early release Pardon |
Health condition Offence Sentence |
Yes | 5,057 releases | 19832 | 210.7 | No | No |
MYANMAR | Executive | Pardon | Unclear | No | 24,896 releases | 92000 | 139.4 | No | No |
NAMIBIA | Executive | Pardon | Conduct in prison Elderly Offence |
Yes | 1,023 releases | 7400 | 72.7 | No | No |
NEPAL | Judicial | Early release | Children Offence Sentence served/left |
No | 409 releases | 25000 | 153.7 | No | No |
NETHERLANDS | Prison administration | Home arrest, temporary | Sentence served/left Other |
Unclear | Unclear | 9753 | 97.3 | Yes | No |
NICARAGUA | Executive | Home arrest | Elderly Health conditions |
Unclear | 2,815 releases | 20918 | 177.6 | Yes | Yes |
NIGER | Executive | Pardon | Elderly Health conditions Sentence served/left |
No | 1,540 releases | 10723 | 101.6 | No | No |
NIGERIA | Executive Judicial |
Early release | Elderly Health conditions Offence Pregnant women Sentence served/left Other |
Yes | 3,750+ releases 50,000+ releases expected |
67227 | 147 | No | No |
NORWAY | Prison administration | **measure abolished 1 May 2020** Early release Home arrest |
Sentence Sentence served/left |
No | 194 releases | 3227 | 88.5 | Yes | No |
OMAN | Executive | Pardon | Unclear | Unclear | 797 releases | 1,960+ | Unknown | No | No |
PALESTINE | Executive | Pardon | Offence Sentence served/left |
No | Unclear | 4600 | Unknown | No | No |
PANAMA | Executive | Early release | Unclear | Unclear | 200~ releases | 17899 | 122.2 | Yes | No |
PAPUA NEW GUINEA | Prison administration | Unclear | Elderly Health conditions Offence Risk |
Unclear | 100~ releases expected | 5087 | 116.5 | No | No |
PERU | Executive | Pardon Early release |
Elderly + offence Offence Health conditions Pregnant women Sentence Sentence served/left Women with young children |
Yes (Only aggravated) | 1,500 releases | 96870 | 241.3 | Yes | Yes |
PHILIPPINES | Executive | Temporary release | Criminal history Elderly Health conditions Offence Sentence |
No | 18,335 releases through different measures | 215000 | 463.3 | Yes | Yes |
PHILIPPINES | Executive | Expedite proceedings | Offence | Yes | |||||
PHILIPPINES | Judicial | Temporary release Release on parole/bail |
Availability of accommodation Pre-trial detention Sentence served/left |
No | |||||
PORTUGAL | Executive | Early release | Elderly Health conditions Offence Sentence |
No | 1,200+ releases | 12867 | 99.5 | Yes | No |
PUERTO RICO | Legislative Prison Administration |
Early Release | Availability of accommodation Conduct in prison Health conditions Offence Sentence served/left |
No | Unclear | 10475 | 73.6 | No | No |
QATAR | Executive | Pardon | Unclear | Unclear | 500+ releases | 1150 | Unknown | Yes | No |
RWANDA | Judicial Executive |
Temporary release | Breastfeeding women Children Conduct in prison Offence Other |
Yes Unclear re pardon |
5,000+ releases | 65000 | 101.3 | Yes | No |
SAUDI ARABIA | Executive | Early release (and repatriation) |
Other (only foreign nationals held on non-violent immigration or residency offences eligible) | No | 250 releases | 61000 | Unknown | No | No |
SENEGAL | Executive | Pardon | Children Elderly Health conditions |
Yes | 2,036 releases | 11547 | 129.7 | No | No |
SLOVENIA | Legislative | Early release Temporary release |
Conduct in prison Sentence served/left |
Unclear | 68 sentences suspended 15 releases |
1396 | 104.3 | Yes | No |
SOMALIA | Executive | Pardon | Offence | Unclear | 148 releases | Unknown | Unknown | No | No |
SOMALILAND | Executive | Pardon | Offence | Unclear | 574 releases | Unknown | Unknown | No | No |
SOUTH AFRICA | Executive | Release on parole/bail | Elderly Health conditions Pregnant women Risk Sentence served/left Other (prisoners who committed crimes because of "need") |
No | 19,000 releases | 154437 | 137 | Yes | Yes |
SOUTH SUDAN | Executive | Early release Other |
Children Elderly Health conditions Pre-trial detention + offence Risk |
No | 1,485 releases | 7000 | Unknown | No | No |
SPAIN | Legislative | Home arrest | Availability of accommodation Conduct in prison Elderly Offence |
No | 1,174 releases | 58983 | 71.7 | Yes | Yes |
SRI LANKA | Executive | Release on parole/bail | Offence Sentence served/left Other |
Yes | 2,961 releases | 29164 | 247 | Yes | Yes |
SUDAN | Executive | Early release | Offence Other |
Unclear | 4,217 releases | 21000 | 255 | Yes | Yes |
SYRIA | Executive | Pardon | Offence Other |
Yes | Unclear | 10599 | 65.6 | Yes | Yes |
TANZANIA | Executive | Pardon | Unclear | Unclear | 3,717 releases | 35803 | 115.7 | No | No |
THAILAND | Prison administration | Temporary release Early release |
Conduct in prison Offence |
No | 8,000 releases | 375148 | 144.8 | Yes | No |
TOGO | Executive | Pardon | Sentence served/left | Unclear | 1,407 releases | 5277 | 194 | Yes | Yes |
TRINIDAD & TOBAGO | Executive | Early release | Offence Sentence served/left |
Yes - drug trafficking No - possession of cannabis <30 gr, possession of smoking device, cannabis cultivation |
380 considered for release | 3999 | 81.8 | No | No |
TUNISIA | Executive | Pardon Home arrest |
Sentence served/left | Unclear | 2,000+ releases | 22663 | 127.6 | No | No |
TURKEY | Legislative | Early release Temporary release |
Elderly Health conditions Offence Women with young children |
Yes | 90,000~ releases expected | 269806 | 122.5 | Yes | Yes |
UGANDA | Prison administration | Early release | Elderly Offence Pregnant women Pre-trial detention Sentence served/left |
Yes | 800+ releases | 55229 | 319.2 | No | No |
UK - England and Wales | Executive | **measure now abolished** Temporary release |
Pregnant women Risk Sentence served/left Women with children in prison Other |
Yes (only children in prison) | 57+ releases | 82236 | 96.7 | Yes | Yes |
UK - NORTHERN IRELAND | Executive | Early release | Availability of accommodation Sentence served/left |
No | 200~ releases expected | 1504 | 79 | Yes | No |
UK - SCOTLAND | Executive | Early release | Offence Pre-trial detention Risk Sentence Sentence served/left |
No | 348 releases | 7984 | 103.4 | Yes | Yes |
UNITED ARAB EMIRATES | Executive | Early release | Offence | Unclear | 4,000+ releases | 9826 | 158.9 | Yes | No |
URUGUAY | Executive | Home arrest | Offence | No | 150+ requests Releases: unclear |
11755 | 99.3 | Yes | No |
USA - FEDERAL | Executive | Home arrest | Conduct in prison Elderly Offence Risk Other |
No | 4,234 releases | 225801 | 99.8 | Yes | Yes |
USA - NATIONAL | **varies by state** | **varies by state** | **varies by state** | No | 26,000+ releases | 1975665 | unknown | Yes | yes |
USA - California | Executive Judicial |
Early release Release on parole/bail Other |
Offence Pre-trial detention Sentence served/left |
No | 3,500+ released (jails) Jail population decrease: -5,000 March-April |
213838 | 138 | Yes | Yes |
USA - Colorado | Judicial Executive |
Early release Release on parole/bail |
Availability of accommodation Conduct in prison Health conditions Offence Sentence served/left Other |
No | 450+ releases | 31825 | Unknown | Yes | Yes |
USA - Connecticut | Executive | Early release | Availability of accommodation Elderly Health conditions Offence Other |
No | Prison population decrease: - 2,000 March-June | 13830 | Unknown | Yes | Yes |
USA - Kentucky | Executive | Early release | Health conditions Offence Sentence served/left |
No | 900 releases expected | 36932 | Unknown | Yes | Yes |
USA - Michigan | Judicial | Other | Elderly Health conditions Offence Pregnant women Risk Sentence served/left Other |
No | 5,000+ releases (jails) | 56625 | Unknown | Yes | Yes |
USA - New Jersey | Executive | Expedite proceedings | Elderly Health conditions Offence Sentence served/left |
No | 146 releases 1,000 releases expected |
34340 | Unknown | Yes | Yes |
USA - Ohio | Judicial Prison administration |
Expedite proceedings Other |
Offence | No | 1,000~ releases | 70590 | Unknown | Yes | Yes |
USA - Pennsylvania | Judicial Executive |
Early release Expedite proceedings |
Availability of accommodation Offence Sentence served/left |
No | 2,300+ releases | 85308 | Unknown | Yes | Yes |
VENEZUELA | Executive Judicial |
Early release | Offence Sentence served/left |
No | 504 releases | 57096 | 153.9 | No | No |
YEMEN | Houthi rebels Executive |
Early relase | Conduct in prison Sentence served/left Other |
Unclear | 2,361 releases by Houthi rebels 500 releases by the government |
14000 | Unknown | No | No |
ZAMBIA | Executive | Pardon | Elderly Health conditions Other | Unclear | 2,984 pardons 2,000 pre-trial granted unconditional bail |
22823 | 303 | No | No |
ZIMBABWE | Executive | Pardon | Elderly Offence Sentence served/left |
No | 5,000~ releases expected | 22000 | 129.4 | Yes | No |
Last updated: 16 June 2020 | |||||||||
Notes on categories
- Authority: ‘Executive’ includes Presidents, Kings, and Ministries; ‘Legislative’ includes Parliaments and legislative assemblies; ‘Judicial’ refers to courts.
- Decongestion measures – criteria for eligibility:
- ‘Children’ refers to individuals under 18 years of age;
- ‘Elderly’ is defined differently in different jurisdictions, ranging – when specified - from 55 years’ old (Afghanistan) to 75 years’ old (Chile). For example, the minimum age required to qualify for early release is: 58 in Bolivia; 60 in the Central African Republic, Colombia, Honduras, and Uganda; 65 in Argentina, Guatemala, Haiti, and Senegal; 70 in Ireland.
- The amount of ‘sentence left’ also varies significantly among countries. Among others: three years in Albania; 18 months in Algeria and Italy; one year in Ethiopia and Mozambique; six months in Kenya and Nigeria; two months in Cote d’Ivoire; 50% of the original sentence in Benin and Burkina Faso, Cyprus, Ghana, and Palestine - and 60% in Colombia.
- Confirmed COVID-19 cases and COVID-19 deaths in prison: for updated information, visit Justice Project Pakistan database at https://www.jpp.org.pk/covid19-prisoners/
This page was last updated on 17 June 2020. Harm Reduction International thanks Meron Fikru for her important contribution, and all the individuals and organisation that provided information, including: AdvocAid, Antigone, the Association for the Prevention of Torture (APT), Commission on Human Rights of the Philippines, Corporación Humanas, Defensoria del Pueblo de Ecuador, Irish Penal Reform Trust, KHANA, KontraS, Mexico Unido Contra la Delincuencia, Odhikar, PRAWA, Projecte Home Catalunya, Transform, and YouthRise.
For questions, information, or the full list of sources, please contact giada.girelli@hri.global