The Socio-Economic Impact of Pre-trial Detention in Kenya, Mozambique and Zambia

Abstract

The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person affects his or her socioeconomic situation. Data was collected in Kenya, Mozambique and Zambia. The findings suggest that the use of the coercive power of the state exercised through the deprivation of an individual's liberty has serious socioeconomic consequences. While detention pending trial is justifiable sometimes, we argue that it is over-used, frequently resulting in excessively long detention. The deprivation of liberty interferes with the ability of individuals to be agents of their own development, infringing on socioeconomic rights of individuals and their dependents. States can justify such infringements only if their coercive power is used within the ambit of democratic and rights-respecting laws complying with human rights standards.

Unsentenced Detainees: Socioeconomic Burdens of Pre-trial Detention

“…When a key source of income is cut off as a result of a person being held in pre-trial detention, their family must not only cope with the sudden loss of that incomea heightened challenge where the detainee is the breadwinnerbut also with the financial costs of supporting that individual during their detention, including travel costs incurred when visiting them, the provision of food and personal items in detention, payment of legal fees, and, frequently, bribes to guards (Schönteich 2013). This economic hardship, while generally felt immediately, may also have enduring consequences from which a household may struggle to recover, especially where detention continues indefinitely (Muntingh and Redpath 2018). A household's ability to cope financially will depend on the levels of available existing resources or the ability to access other financial avenues (Muntingh and Redpath 2018).…”

“…This economic hardship, while generally felt immediately, may also have enduring consequences from which a household may struggle to recover, especially where detention continues indefinitely (Muntingh and Redpath 2018). A household's ability to cope financially will depend on the levels of available existing resources or the ability to access other financial avenues (Muntingh and Redpath 2018). Research conducted in Sierra Leone revealed that for every four pre-trial detainees, there were five family members who could no longer rely on the support of a main breadwinner, with most detainees (men at the peak of their working lives) having on average four dependants (Timap for Justice and Prison Watch Sierra Leone 2013).…”

“…Periods of detention have a "clear and measureable" socioeconomic impact on individuals and their dependants (Muntingh and Redpath 2018). The following sections review the negative health, gender equality, employment, and universal education outcomes for all persons affected by the disproportionate use of pre-trial detention.…”

“…A significant number of women in prison are mothers and are the sole or primary caregivers in their household (Ackermann 2015). Their detention imposes adverse health, social, emotional, and financial impacts on them and their families; the effect on children is especially severe (Muntingh and Redpath 2018), both for children who are imprisoned with their mothers and those who remain without them on the outside (Ackermann 2015). In addition, a lack of childcare facilities creates additional hurdles to accessing educational and work programs for women whose children are in prison with them, owing to the difficulties of balancing both commitments, or because such programs do not permit children to be present (Prison Services Working Group 1999).…”

“…In developing countries, children also commonly face the additional struggle of being forced out of education and into work in order to make up for the lost income of the detainee (Open Society Foundations 2010). Older children are especially vulnerable to being taken out of school in order to fulfill the duties formerly carried out by the detained parent (Muntingh and Redpath 2018). These forfeited educational opportunities create a multigenerational effect, also reducing the lifetime income of prisoners' children, the socioeconomic costs of which are ultimately absorbed by the state (Open Society Foundations 2010).…”