Summary

   In this article, we set out to look at prisons as potential sources for the expansion of the COVID-19 pandemic. We are taking into account the special status of prisons and the informal rules, which set the ground for life behind bars. We are referring to the dynamics of entries and exits from the penitentiary, in order to identify possible preventive and management measures, should a COVID-19 outbreak occurs.

   Key words: penitentiary, COVID-19, overcrowding, prison system, outbreak.

Corona Earth by Terry Mosher, the Montreal Gazette, 12.03.2020 (Cagle Cartoons)

   Sudden Changes, Extreme Measures

   The COVID-19[1] pandemic has started to influence everyday life, but also economic development and political activity on a global scale, effects that will be felt, most probably, in the next few years.[2] The option of closing down borders and declaring a state of emergency (which automatically implies restricting certain rights) is the most likely scenario for countries which are facing an increase in the number of people infected with the new Coronavirus, or a mutation of the virus. In our opinion, efforts to manage the migration flow have not been backed by an effort to prevent the spread of the virus to vulnerable people, since taking such action could have led to a decrease of the election capital. Isolating and later casting out the “leper”[3] took place according to the red and yellow zones of the Coronavirus infection.[4] The national policies of the countries infected by COVID-19 have failed to identify potential outbreaks which could accelerate the spread of the virus.

   Disadvantaged and underdeveloped groups have not generally benefited from extra protection measures, an aspect we see mainly in China, Italy, France, the USA and Iran, countries where prisons have become sources for the epidemic, as visitors have not been checked to see whether they came from high-risk areas.[5] The management and the prison personnel have become possible carriers of the disease, as they have been exposed both to the prisoners (who were not in good health due to lack of hygiene) and to the outside environment. We are taking into account the fact that providing each prison with hygiene products and actually ensuring the proper environment for a proper daily hygiene is a structural problem in many countries (including Romania). One of the extreme solutions was the temporary release of 70,000 Iranian detainees[6], an action which was followed by the United Nations asking Iran to release all the prisoners suspected of being infected with the new Coronavirus.[7]

COVID-19 and World by Gatis Sluka, Latvijas Avize, Latvia, 12.03.2020 (Cagle Cartoons)

   A Poor Civic Education. Between Hysteria, Negligence and the Illusion of Immunity[8]

   The replicating ability of SARS-CoV-2, aside from the medical features specific to the latest strand identified in an outbreak in the city of Wuhan (Hubei Province, China),[9] takes advantage of vulnerabilities which are part of human nature, as well as the ability of authorities to manage and communicate during a crisis. Globalization and the high level of exposure of the population contribute to the exponential spread of the virus, in societies which lack the necessary education of how to follow minimum respiratory hygiene rules. The 21st century lifestyle exposes us to overcrowded places, which lack sanitization on a regular basis. Moreover, the transmission of the virus from man to man, before symptoms such as fever or coughing occur[10], make the virus invisible, especially when measures have not been taken to locate and isolate high risk areas.

The problematic evolution of the COVID-19 pandemic is not properly dealt with by people who, lacking civic education, look for different ways to avoid following the prevention rules imposed by authorities. Lies and naivety contribute to a certain extent to the spread of the virus, since the main issue is lacking the ability to assume social responsibilities. In some cases, we see people defying elementary logic. Panic and exaggeration have led to exposure – including in crowded spaces, due to the lack of trust in authorities and in politicians.

The Coronavirus Scream by R.J. Matson, CQ Roll Call, 03.03.2020 (Cagle Cartoons)

   At the same time, we witness the syndrome of a strong illusory sense of immunity, which is not deterred by the expansion of the COVID-19 pandemic. On the contrary, human nature constantly defies dangers and threats which can put life and physical and mental integrity at risk. From not following traffic rules to breaking those related to the prevention of the spread of COVID-19, poor civic education manifests itself in a lack of compassion towards others, in some cases towards parents, friends or colleagues. Truth be told, intentional exposure to disinformation makes people act impulsively, irrationally, coming to a point where they unconsciously endanger their lives or health.

   Politicians represent the mirror image of the ills of society, easily understood if we are aware of the fact that they are a part of it and that they wish to preserve this image, which reflects a certain identity. The competition between politicians uses the same mechanisms and means to obtain tangible results in the short term, especially of a personal nature. Cooperation and solidarity, although often evoked in moments of crisis, have lost their value and substance in a society where the main stake is survival (individual).

   Of course, we do not know the size of the pandemic; however, what concerns us the most is that human nature will be marked by the same challenges, which tear it apart from inside out. Hypocrisy and naivety will expose the entire society to countless crises, whose magnitude will play by similar scenarios.

   We find a similar pattern in the behaviour of the economic and political players, whose reaction was to postpone, for as long as they could, suspending any activity, in order to minimize economic repercussions. The low level of digitalisation (which is not accessible to all people), IT security breaches, and the lack of cohesion and solidarity among state actors (among whom there are major discrepancies regarding resources and political interests) hindered the fast transition of activities online, as well as the management of the pandemic at a global level.

Individual responses to the pandemic aimed at taking progressive measures to limit some rights, at the same time with the gradual expansion of the quarantine areas. Misinformation, the lack of trust in the establishment and the dependence on a certain lifestyle have fuelled panic and hysteria, damaging the cohesion of societies.

Coronavirus Fears by Peter Kuper, politicalcartoons.com, 11.03.2020 (Cagle Cartoons)

   The Prison System Explained for All

   The entry and exit flows in and out of prison are: (1) leaving the community and transferral to a different detaining facility; (2) visits from lawyers and people in the support environment; (3) prison management and personnel. These three dimensions reduce the level of isolation of the prison system, contributing to maintaining a certain level of interaction with the environment outside the prison system. Thus, it is a part of our societies, even if the walls of the prison and the low level of transparency coming from each prison symbolically isolate it.

   In essence, incarceration does not mean being only partially isolated for a certain period in a limited and monitored area; incarceration means, whether we like it or not, lack of certain rights, limited access to certain conditions, sometimes at minimum standards. Serving a sentence in overcrowded conditions means an increased limitation to accessing the resources distributed to each detainee. We must mention from the start that we will not be referring to issues which describe the prison system from the theoretical perspective of levelling the difference in the social status and power of the detainees, by levelling the conditions of the incarceration.[11] On the contrary, in our opinion, the prison system highlights the differences in the status and the power of the detainees, putting at risk those who do not possess high social, economic and political capital.

Prison Overcrowding by Daryl Cagle, CagleCartoons.com, 05.03.2008

   A shortage of resources and limited access to hygiene, together with the deficiencies in administering proper medical treatment, actually put all incarcerated persons at risk, especially when we are witnessing the emergence and expansion of a pandemic. Gradual exposure to improper conditions while serving a sentence (insufficient space, lack of ventilation and natural light, exposure to rats and insects, lack of proper medical treatment and a delay in administering that treatment) weakens the body’s immunity. There is an increase in the risk of your health getting worse, which exposes and makes the detainees vulnerable to pathogens, especially under those circumstances when their occurrence and evolution is sudden.

   Insufficient access to hygiene and daily hygiene activities which take place in common contribute to an increase in the level of exposure to the COVID-19 pandemic, under such circumstances in which allotting limited resources overlaps the existence of an informal culture represented by a decreased level of civic education. The incarcerated persons do not understand the importance of personal hygiene and social responsibility, not even on a small scale, as they lack the necessary education and living standards to be able to adjust to a lifestyle which does not endanger their health and that of the persons with whom they keep in touch.

   Inappropriate detention conditions expose the persons who present health problems to immunodeficiency, increasing the risk of them becoming vulnerable to pathogens, which can endanger the health of the detainees, but also that of the prison personnel, who work under the same conditions. In the context of the COVID-19 expansion, persons with acute respiratory problems need to be closely monitored, in order to benefit from necessary medical treatment, should their health worsen. At the same time, prison personnel (especially medical personnel) must take necessary actions and have enough power to handle a swift intervention needed to limit the spread of the virus and to manage the existing prison accommodation facilities. We are taking into account the issue of overcrowded prisons, which is a recurring phenomenon in most countries[12] and which hinders the proper management of accommodation facilities. Isolating the persons who are more likely to catch COVID-19 contributes to an increase in the overcrowding of the other detention facilities, which increases the discontent and frustration of the detainees.

   While tensions escalate, the incarcerated persons and the prison personnel abandon all means of communication and cooperation. On one hand, refusing to cooperate and follow the rules of the prison personnel is a sign of protest regarding their sentence, which is why we see a tendency among the prisoners to refuse to agree with the measures taken by the management and prison personnel. On the other hand, the various pretexts used to escape the daily routine (among which there are the requests to access the medical system) highlights the lack of trust of the prison personnel, which interferes with a swift, preventive intervention. Simultaneously, the legitimate interest to protect the image of the prison imposes a certain informative framework, under circumstances when the management suspects that the health of the prisoners has worsened due to improper detention conditions.

   Crises Management. Virus-Transmitting Agents

   To prevent the occurrence and expansion of cases infected with the new Coronavirus, and to avoid turning the detention facility into an outbreak centre, we have identified three different sets of actions for each group (who risk becoming virus-transmitting agents). We mention the fact that taking preventive measures contributes to the actions taken by authorities in the areas affected by the virus.

   Firstly, managing the flow of people who come in and out of prisons is a necessary and complex action. On one hand, we believe isolation is necessary for a certain period in rooms specially designated for quarantined people, or people who were transferred from other prisons (under exceptional circumstances). On the other hand, we propose the establishment of a special section destined for persons who suffer from acute respiratory deficiencies or other illnesses, which could endanger their lives, while at the same time medical personnel closely and regularly monitor their health. Separating the incarcerated persons according to their health limits the risk of infection and spread of COVID-19. We believe that the specially designated sections should be disinfected on a regular basis. On the other hand, protecting prison personnel should become a priority seeing that they constantly come into contact both with the outside world and with the prisoners. Providing proper protective equipment and the necessary supplies to ensure a proper hygiene are some of the measures which somewhat diminish the risk of infection with the new Coronavirus.

   Secondly, we believe that it is necessary to reduce the number of visitors. Suspending visits from lawyers and the support environment must be compensated by access to free online conversations, conference calls or telephone calls, while  at the same time providing incentives which could replace prison outings (passes, community visits). The digitalisation of the detention facility is a necessity in order to reduce the flow of entries into the facility for handling administrative matters. Moreover, the work in prison regime should provide equal compensation to work delivered outside the prison, so that all activities can be done inside, the only exceptions being situations where detainees are not exposed to places that are overcrowded or which can be a danger to their health.

   Thirdly, intensifying actions to ensure a minimum level of hygiene is of the utmost urgency, while at the same time ensuring access to medical care. Supplementing the necessary items for hygiene and disinfection means identifying financial resources from the budget of the institution and should be exempted from the rules of public acquisitions. The persons having health issues (especially acute respiratory problems) must benefit from proper treatment as well as from constant monitoring and specialised care. An extended program for individual access to the medical facility, together with supplementing the necessary stocks to ensure the proper functioning of the medical service, are necessary to ensure an effective management of the risk represented by the spread of COVID-19 among the detainees and prison personnel.

   Fourthly, we believe it is necessary to set in motion a fast response plan for prison personnel (which could be made known to the detainees as well), which could be enforced if they identify persons who manifest symptoms of the new Coronavirus infection, or when they are informed of contact with persons carrying COVID-19. The fast response plan (isolation and proper treatment) must be adapted to the needs and specific aspects of the prisons.

Toilet Paper Lockdown by Marian Kamensky, Austria, 15.03.2020 (Cagle Cartoons)

   However, reducing the number of activities poses many problems to the reintegration process, especially when those actions last a long time. Associating the reduction of sentences to coercion, highlights the issues regarding incarceration and total isolation in improper conditions, highly affecting the physical and mental health of those persons, especially of those who are more vulnerable. We believe that these actions should focus more on the development of the skills and knowledge necessary to follow the rules regarding personal hygiene and care. Of course, it is up to every detention facility to manage the issue of organising these activities safely and to limit the number of persons involved. From our point of view, using fliers to promote these actions is not effective, if we are to consider the high rate of (functional) illiterates who usually occupy prisons.

   What we propose are daily check-ups coming from the medical personnel, in every cell, to inform and inspect the health of every detainee, a solution which allows permanent monitoring and reduced time in providing the necessary treatment, should it be the case. Adopting this measure implies supplementing the number of medical personnel and prolonging their schedule, as well as ensuring the necessary equipment for personal hygiene and care to be at each person’s disposal. At the same time, this measure must be accompanied by supplying the prison shops and mess halls with food and maintaining accessible prices for basic products. Constant updates are important in order to prevent tension rising and (violent) protests, which would hinder actions taken for the prevention and occurrence of COVID-19 infected persons.

Creation of Panic by Ed Wexler, politicalcartoons.com, 14.03.2020 (Cagle Cartoons)

   NOTE: Vladimir-Adrian Costea is a graduate student at the Faculty of Political Science, University of Bucharest, under the supervision of Prof. Georgeta Ghebrea PHD. (E-mail: costea.vladimir-adrian@fspub.unibuc.ro). He has published articles on clemency and the state of occupancy of Romanian prisons in magazines such as Studia, Romanian Political Science Review, Revista de Drept Constituțional (Constitutional Law Magazine), Revista Română de Sociologie (The Romanian Sociology Magazine) and Revista Polis (Polis Magazine).

   Publishing current paper was financed through „Entrepreneurial Education and Professional Counseling for Social and Human Sciences PhD and Postdoctoral Researchers to ensure knowledge transfer from the field of Social Sciences and Humanities to the Labor Market” Project, co-financed from European Social Fund through Human Capital Programme (ATRiUM, POCU/380/6/13/123343).

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