Crime & Justice

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Crime & Justice

International Day for the Elimination of Violence Against Women #IDEVAW

End Violence Against Women & Girls

White Ribbon Day (#WhiteRibbonDay) and #OrangeTheWorld are both campaigns today, 25 November, marking the start of 16 days of activism against gender abuse on the UN International Day for the Elimination of Violence Against Women (IDEVAW).  Whilst people are more real than statistics, nonetheless, the stats are representations of the reality of some people’s lives, they make sobering reading. Sixteen days won’t end violence against women and girls, but it might be the beginning of the end, if we start to say ‘no’ every day and give women back control, power and agency over their bodies and lives. The 16-day-long campaign ends on Human Rights Day, 10 December, but shouldn’t stop there.

12 Facts about Violence towards Women

  • Violence against Women infographic2 women each week are killed by an ex or current partner (UK), 40-50% of all murders of women worldwide are by family or partners, but just 4-5% of men
  • 1 in 3 women and 1 in 2 transwomen experience domestic abuse, in some countries those figures are 2 in 3, up to 71% (Ethiopia)
  • Even Universities are not safe where 1 in 7 young women experience abuse or violence
  • Up to 30% (eg Bangladesh) of women experience their first sexual act as forced
  • Forced marriage and sex tourism often go hand-in-hand with low ages of consent e.g., 9 (Afghanistan), 12 (Philippines), 13 (Japan), regularly 14-15 in other Asian countries. Rural areas may allow marriage even younger with sex at puberty (age 9 or earlier). Among Sri Lanka’s Moor and Malay minorities under 12 is permitted with the permission of male leaders or relatives!
  • Over the last year 295 trans people were killed, mostly transwomen
  • Over 200 million girls alive worldwide now have undergone forced female genital mutilation (FGM)
  • 2-3,000 Honour Based Violence (HBV) reported incidences/year, with 1 person a month being killed (UK), 2000/year (Pakistan)
  • Girls are lured by ISIS (50+ last year from the UK alone) or abducted by Boko Haram & others as war brides and sex slaves
  • Sex slavery and forced prostitution accounts for over 20% of all forced labour of women (4.5m people)
  • In 32 countries men cannot be accused of raping their wives
  • Girls are aborted more than boys as part of sex selection abortion, not only in India, China and elsewhere but also in the UK, as many as 5000 girls are missing from census data.

More facts about violence against women from WHO, UN Women.

I Am Nujood, Age 10 and Divorced - Nujood Ali“I’m a simple village girl who has always obeyed the orders of my father and brothers. Since forever, I have learned to say yes to everything. Today I have decided to say no…I want a divorce!…You’ve sullied the reputation of our family! You have stained our honor!” Nujood Ali, I Am Nujood, Age 10 and Divorced

Change Men* and Society to Eliminate Causes of Violence

Violence and abuse are possible because of physical, social, religious and economic power imbalances. Men should not have power and control over women’s fortunes, choices, and bodies. This is manifested in legal, religious, cultural and political ways including victim shaming, reduced legal rights, and religious traditions. Women need human rights and agency over their bodies and lives, freedom to safely and economically exit abusive relationships, and for authorities to take seriously the claims of sexual and physical violence.
(*Men in the main, as they have the power, and are the main perpetrators, but this does not exlude women on women and girls violence)
 
Crime & Justice

Transgender Day of Remembrance – 295 Trans murders #TDOR2016

Transgender Day of Remembrance 2016

Every 29 hours a trans person is murdered in the world, 295 were reported up to this year’s annual 20 November Transgender Day of Remembrance (TDOR). Most, some 85%, were in the Americas, but even in Europe, 5 were killed in each of Italy and Turkey. In Asia at least 11 across India and Pakistan. North America had 23 reported murders of transgender people, but Brazil had 123, ten times as many per capita. Honduras is, in fact, the most dangerous place per head of population, twice as bad as Brazil, with 89 people killed over 8 years of reporting. Over the last 8 years, some 52 trans people have been stoned to death – and not by ISIS, one just 3 weeks ago in Brazil; 630 were killed in the street, many as sex workers, but it begs the question about bystanders and communities not noticing or standing up as allies; one victim in Pakistan was refused medical treatment because she was trans, speeding her death.

These numbers are just the tip of the iceberg as statistics are based upon scouring news reports and some people may only be listed as a sex worker and/or their trans status not mentioned. Some may not have been killed because they were trans, but many were. Also, the numbers do not include the 33-50% of trans people who also try to take their own lives through suicide.

2264 Trans Lives lost Violently

Over 2008-2016 since the Trans Murder Monitoring (TMM) TvT Project has been running, 2264 have been killed. By far the largest, 541 were sex workers, but 99 hairdressers and beauticians, 34 artists, and 25 activists were counted among the dead as well as 9 religious leaders.

Trans Awareness Week/Month

Katy Jon Went Transgender Awareness MonthAs an antidote, it has been a pleasure and a privilege to be involved in several talks and discussions during Trans Awareness Week, or even a full month being celebrated by some. UEA, my local university, was particularly busy with events on each day, in conjunction with other societies such as FemSoc and Pride. Events covered non-binary questions, trans student politics, Ava Rollason sharing her colourful life and journey, and the growth of diversity and even dissent within and towards trans* identities.

Trans Visibility without the Violence

Trans people have indeed reached a “tipping point” and yet that has not diminished their risk of harm – self, and assailant-based. With shockingly high suicide risks, 80% consider it, and 33-50% act on it, trans people are especially vulnerable, and now, especially visible.

With around 0.75 to 2.5% or more people identifying as transgender and/or non-binary, one interesting visualisation is that there could be on average around 250-1000 trans* people at each UK premiership football match.

Visibility without risk of violence is what trans people are seeking, although many would no doubt prefer a form of passing invisibility as opposed to a discriminatory erasure or prejudicial ignorance.

Candle burning in the darkMany have called 2015 the year of transgender visibility, after 2014’s “transgender tipping point” but what does that make 2016? One hopes that whilst deaths and murders are on the rise, that also, acceptance, diversity, and rights, are also increasing, and the killings are a temporary peak and will subside as countries make healthcare and transition access easier and more affordable, reducing the risks of sex work as a means of paying for surgeries. It should be noted that the primary victims of trans violence are trans people of colour, and that Trans Lives Matter and Black Lives Matter should be trending side by side, particularly as they were at the forefront of the emergence of trans rights in the USA. This month we remember the dead, celebrate the living, and offer hope to transgender people all over the world, and stand against the hate that takes so many of our lives.

Crime & Justice

Saudi Arabia mass executions & death sentences a Human Rights travesty

Saudi Arabia State Executions Escalate

2015 saw a rise in Saudi Arabia‘s public executions, some 157 people according to Amnesty International – there were 90 in 2014, 192 in 1995, the previous peak. Even more shocking was that 2016 began with 47 in a single day, on New Year’s Day, allegedly all ‘terrorists’ including prominent Shia cleric Sheikh Nimr al-Nimr. Iran has threatened reprisals with molotov cocktails already thrown at the Saudi embassy in Tehran. Meanwhile even mainstream media commentary is now comparing the House of Saud to ISIS whilst Bahrain and United Arab Emirates (UAE) praised the message it sent to terrorists. Saudia Arabia has now ordered Iranian diplomats out and Bahrain followed suit, severing diplomatic ties, a day later, along with UAE and Sudan creating a new Middle East crisis.

ISIS Saudi Arabia Executions Any Difference via Khamenei
ISIS v Saudi Arabia Executions “Any Difference” asks Iran’s Khamenei

Perhaps, unsurprisingly, Iran too, despite its own record executions, has compared Saudi Arabia to ISIS. Ayatollah Khamenei the self-titled “Leader of the Islamic Revolution” calling it a “White ISIS” and asking whether there are “any differences” between them.

Other atrocities apart, and excepting the variant methods of execution (Saudi still has stoning and flogging punishments, though often commuted to jail time, not to mention posthumous crucifixion), what is the difference between the continued practice of state executions by America, China, Iran, Iraq, Pakistan, Saudi Arabia, and the so-called Islamic State, all of which have executed dozens of people a year. Iran has executed hundreds – perhaps a 1000 making its condemnation of Saudi Arabia somewhat hyprocritical. Pakistan has 6-8,000 people on its death row and in 2015 carried out 316+ executions a massive increase on the handful of 2014. Egypt (500+) and Nigeria (650+) have also been resorting to issuing death sentences (2014 figures).

Saudi Arabia's human rights record on executions 2014, 2015, 2016
Saudi Arabia’s human rights record on executions 2014, 2015, 2016

Ironically, the Saudi Arabian national flag features a sword – the very means of public execution, before each of which verses from the Koran are read justifying the sentence. Offences can include atheism, drugs crimes, homosexuality, insulting Islam, and sorcery!

The Death Penalty

Whilst just over a dozen countries had abolished the death penalty 30 years ago, today over a 100 have ended the practice. Some among those that have kept it, though, have increased its use in recent years in the name of countering ‘terrorism’.

Death Penalty around the world, 2014, Amnesty International
Death Penalty around the world, 2014, Amnesty International

Thousands a year are sentenced to death worldwide but fewer are carried out, some 20,000 people are incarcerated under a death sentence, yet to be carried out. In 2014 over a 110 people in 9 countries had their death sentence reversed, leaving them exonerated as innocent. This is the biggest reason to end the practice. Three times as many countries commuted death sentences to other forms of punishment.

“The death penalty is a symptom of a culture of violence, not a solution to it.” – Amnesty International

Twelve countries still use hanging and ten use shooting, only Saudi Arabia and Islamic State (ISIS/ISIL) behead people, swift but brutal. US executions peaked at 98 in 1999 and have steadily fallen since to 28 in 2015, but over 3,000 remain on death row.

A Foreign Office spokesperson has commented, saying that:

“The UK opposes the death penalty in all circumstances and in every country. The death penalty undermines human dignity and there is no evidence that it works as a deterrent.”

Perhaps the UK should criticise America, Saudi Arabia, Iran and China’s position on capital punishment, alongside Islamic State? As David Cameron was challenged to do and amongst excuses for close ties with Saudi responded with:

“We oppose the death penalty anywhere and everywhere” – David Cameron, October 2015

Executed Shia Sheikh Nimr al-Nimr

Arrested in 2012 and sentenced to death in 2014, Sheikh Nimr had opposed violence calling instead for peaceful protesters to resist the Saudi state and police bullets using “the roar of the word” and non-violent agitation, though he was not opposed to celebrating the deaths of tyrants. Mohammad al-Nimr, his brother, was arrested for merely tweeting about the death sentence but has since called for calm despite his own son on death row. Al-Nimr was pro-democracy and against “murder in the name of God”.

“The [Saudi] authorities depend on bullets … and killing and imprisonment. We must depend on the roar of the word, on the words of justice”…We do not accept [force of firearms]. This is not our practice…We welcome those who follow such attitude…Nonetheless, we cannot enforce our methodology on those who want to pursue different approaches…The weapon of the word is stronger than the power of bullets.” – Sheikh al-Nimr

“The oppressed should unite together against the oppressors, instead of becoming tools in the hands of the oppressors. The Khalifa family [in Bahrain] are oppressors, and Sunnis are not responsible for their actions. These are not Sunnis, they are tyrants. The Assad family in Syria are oppressors, and Shiism is not responsible for their actions. Never defend an oppressor. It is never justified for someone who is oppressed to defend [another’s] oppressor.” – Sheik al-Nimr, 2012

Ali Mohammed Baqir al-Nimr Crufixion

Ali Mohammed al-Nimr via Facebook
Ali Mohammed al-Nimr via Facebook

Ali al-Nimr, nephew of executed Nimr al-Nimr, was arrested when just 17 for participating in Arab Spring pro-democracy demonstrations against the Saudi Arabian government. He was subsequently convicted by confession under torture. He is now 21 but in 2015 he was sentenced to death by beheading and then posthumous public crucifixion. As of today over 1.5 million people have signed just one of the several petitions to commute or cancel his sentence.

The UK Government believes that it can “achieve most by speaking privately and regularly to our Saudi interlocutors” rather than publicly confronting its ‘ally’. The Foreign Secretary recently said that he did not expect Ali al-Nimr to be executed and Shadow Minister Hilary Benn  has called on him “to seek fresh assurances that he will be reprieved.”

However, by threatening death to so many, and carrying out more than previous years, it is easy for Saudi Arabia to mollify the West with a couple of concessions and reprieves without denting its religious and political ethnic cleansing of opposition.

Political Prisoners in Saudi Arabia

Islamic Human Rights Commission IHRCSaudi Arabia denies it has any political prisoners but unofficial estimates from human rights bodies including the UK-based Islamic Human Rights Commission (IHRC) suggest that up to 30,000 are imprisoned for political crimes against the Saudi state.

Back in November 2011, after the fatal shooting of four Shias, Sheikh al-Nimr had called for:

“[the] release of all those detained in the [Arab Spring] protests, and all prisoners of conscience – Sunnis and Shias.”

Raif Badawi Flogging

Saudi Arabian political blogger and recent recipient of the EU’s Sakharov prize for Freedom of Thought, Raif Badawi, is serving a lengthy prison sentence for “insulting Islam” and also received the first tranche of 50 or a 1,000 lashed whipping sentence. Subsequent installments have been suspended based upon his poor health, exacerbated by his latest hunger strike, these last three weeks which has led to a deteriorating medical condition.

Raif Badawi, 2015 Sakharov Prize for Freedom of Thought
Raif Badawi, 2015 Sakharov Prize for Freedom of Thought

Wahhabism and Saudi Arabian History

Saudi Arabia has a wealth of cultural and religious history, is the birthplace of Islam, home to Mecca, Medina and Mohammed. It is rich in oil and other resources but beyond poor when it comes to human rights, democracy, and accountability. It offers the West tokenistic concessions in exchange for continuing its own ruthless totalitarianism.

Its brand of Islamic belief is Sunni as opposed to Shia, and an extreme version of that called Wahhabism or Salafism. They are stricter forms of Sharia Law based Islam, literalist, anti-Western and puritanical. Jihad, whether missionary or military, can be seen as a legitimate expression as well as expansion of Islam against its detractors.

Saudi Arabia, Extremism and Terrorism

Dr Yousaf Butt, senior advisor to the British American Security Information Council and director at the Cultural Intelligence Institute, says of Saudi Arabia:

“…one thing is clear: the fountainhead of Islamic extremism that promotes and legitimizes such violence lies with the fanatical ‘Wahhabi’ strain of Islam centered in Saudi Arabia. And if the world wants to stamp down and eliminate such violent extremism, it must confront this primary host and facilitator.”

He goes on to quote Wikileaks and other sources that purport to show Saudi’s financing of terror groups, several thousand Saudis are alleged to be in ISIL’s ranks. More easily verified is the funding of extremist Wahhabism via mosques and madrassas worldwide.

Saudi Arabia’s Hypocrisy on Human Rights

This same country was recently chosen to head a United Nations human rights selection panel. If it weren’t so serious and concerning, this would be satire. What’s worse is that apparently the UK supported their appointment.

Whilst Saudi Arabia has appeared to give women token political rights in recent municipal elections, they still can’t drive. Restrictions on political dissent and freedom of speech continue unabated and punishments for religious disagreement, in particular Saudi’s Wahabi version of Sunni Islam. As a result Freedom House’s freedom index ranks Saudi Arabia bottom on all counts.

Saudi Arabia is also the largest market for the British arms industry along with billions of other business deal tie-ups. As a result Britain is unlikely to publicly condemn Saudi too often, human rights will remain compromised by commercial interest. Indeed, a senior Government minister today defended close links with Saudi Arabia arguing that they enabled us to “tell them what we think”. True and unhypocritical condemnation of executions can only come when America and other countries also end the death penalty. Equally, rightful opposition to Islamic State (ISIL) should be accompanied by calling state-sanctioned extremism by Saudi Arabia, Iran, China and others to account too.

Crime & Justice

Gun Violence in America endemic, bigger threat to US Safety than ISIL

USA Gun Violence contrasted with UK

US Gun Violence 2015 incidents map
US Gun Violence 2015 incidents map – Gun Violence Archive

Whilst the British police managed to arrest a machete wielding youth in a shopping centre, in the US a domestic disturbance armed only with a bat saw the offender shot dead along with an innocent bystander. Gun violence in America has seen over 13,290 gun-related deaths recorded so far in 2015: 331 in mass shootings, 980 by police (91 unarmed of whom 37 were black), 25% showed signs of mental illness, over 46% were non-white, and 3,371 were teens or children, injured or killed. America has way more to worry about from its own gun culture than international terrorism or ISIL/Islamic State.

The figures for 2015 are up on nearly all counts from 2014 – Police Officer-involved incidents constituted 4,344 of the 52,324 total shootings up 35% from 3,213.

Chicago Police Department Officer Incidents

On the day after Christmas, Chicago Police were called to a domestic incident by the father of a 19 year-old black youth armed with a bat and on medication for known mental health issues. Somehow, 7 bullets later, Universtity student home for Christmas, Quintonio LeGrier, and 55 year-old, mother of 5, Bettie Jones were both dead. Such a contrast to British police gun violence where most years see zero fatalities and any unjustifiable exception to this results in public outcry.

Gun Violence in America Archive Toll 2015
Gun Violence in America Archive Toll 2015

Chicago suffers the worst figures of any US city (New York is now 6th), some 240 police shootings between 2010 and 2014, 70 deaths, mostly black men. This is despite new training and measures that have resulted in “Police-involved shootings [being] down by double digit percentages”. New York is surprisingly safe these days and police self-control such that just 41 were shot dead by police in a population 3 times that of Chicago. Still too many though. Phoenix and Philadelphia are proportionately worse with 57 and 54 fatal shootings from populations half the size of Chicago.

Chicago PD alleges nearly all are justified. Despite 410 investigations since 2006, only one was found to be unjustified, though some are still pending. Most reports ends with the trite phrase:

“This investigation found that Officer A’s use of deadly force was in compliance with Chicago Police Department policy.”

A far larger number must surely be seen as disproportionate? Gun versus bat? Armed adult vs teen? White v black? For example, over 90% of those investigated in 2014 were Black and/or Hispanic.

Laquan McDonald Investigation

Chicago Police Department Officer
Chicago Police Officer Badge

Chicago’s Mayor Rahm Emanuel recently removed the city’s police superintendent and head of the Independent Police Review Authority and the CPD remains under review following the year-long belated charge of first-degree murder against Officer Jason Van Dyke for the 16-shot fatal police shooting last October of Laquan McDonald and attempts to prevent the public release of officer-incriminating vehicle dashcam footage.

In a recent series of studies, adults who were shown pictures of children of different races labeled black children as several years older then they actually were. They were considered “less innocent than their white same-age peers” – Education Week

Mass Shootings and Domestic Terrorism

With 2015 nearly over America has seen 329 people killed and four times as many injured – 17% up on 2014’s 281. That’s considerably more than acts of terrorism. Chicago with 1% of the US population also has 3-5% of its mass shooting victims.

Wider Issues of US Gun Violence Prevalence

The bigger issue is how endemic gun ownership and gun crime are to America, that recourse to a weapon for self-defence, arrest, or to settle scores, is the first resort not the last, and that those most affected by disproportionality and/or unreasonable use of force are people of colour. Whilst America claims or has been called upon to “police the world” it should sort out its own back yard first before any attempt to be the “world’s policeman”.

 

Crime & Justice

Sex & Gender in Prison, Time to Think outside the Binary for Trans Prisoners

Trans Prisoners and where to place them?

With the furore over trans prisoners such as Tara Hudson, a trans woman, being sent to a male prison and her eventual transfer to a female one, another – Vicky Thompson, who took her own life because she was sent to an overcrowded high-suicide risk men’s prison, and another Joanne Latham, two weeks later, it is time to re-address questions of sex/gender policing and segregation in prison. Hudson was sent to prison for violence against a man but presented and identified as female, Latham for two attempted murders and had clear psychiatric issues, as many, especially in women’s prisons do. I did diversity work in HMPs for 5-6 years and was regularly asked what to do with trans prisoners and whether what they were already doing was okay. One HMP had two trans women on the women’s wing, one pre-op one post-op. So they can be flexible. And the 20-30 in UK HMPs is a massive underestimate. I know of dozens and statistically there are probably hundreds.

The Norfolk Gender & Sexuality (GAS) Discussion Group met to discuss this very topic Tuesday night – Prison, Gender, Trans, Violence, and Women’s Spacesand from which I’ve borrowed and supplied corresponding research and material. (see also the Facebook event discussion). The group meets monthly in Noriwch to discuss questions of sex, gender, and sexuality and intersecting issues.
Jump to: Introduction | Sex & Gender in Prison | Trans Prisoners in: USA | Israel | Italy | UK | Case Studies: Joanne Latham | Vicky Thompson | Tara Hudson | Comment: Paris Lees | Prison Reform

Prison, Sex and Gender

Prison is an area of mandatory sex/gender segregation based upon the presumption of two sexes and a majority heterosexual population. Separation based upon sex is presumed to aid management, deny sexual privilege, improve safety and risk of sexual and physical violence. All on the basis that men are more likely to harm, harass, or worse, women more than other men. If that is based on size and strength, or merely sex, we should be housing people according to height, weight, and sexuality as well! Where is the protection for gay, lesbian and bisexual, inmates? Trans prisoners, as some intersex prisoners would also, present a binary dilemma.

Inmate violence in US prisons is actually more common between women than between men, up to three times higher for sexual victimisation. What are the facts and myths of gender-based violence and does prison distort them? For instance men are more likely to attempt suicide outside of prison but inside it is women that are more at risk where a higher proportion have mental health issues and concerns.

Where is a safe place to send trans prisoners? In the US they are 50% likely to be raped in prison. Italy has a dedicated trans jail. HMP estimates around 20-30 trans people are in UK prisons but that is likely an underestimate as I’m aware of 10-15 in my local counties.

It is, however, the argument of Germaine Greer and others that women’s spaces need to be kept safe from “men masquerading as women”. The verbal vitriol is almost violent of her anti-trans rhetoric and is something that has led several universities to no-platform her in the name of creating safe trans-inclusive female spaces for students.

What risks are acceptable in the name of free expression (that may contain verbal violence), gender identity, legal sex definition, and how should we balance them with creating safe spaces in universities, DASV/rape crisis support centres, society at large and during incarceration – for all people?

Trans Detention Experience in the USA

“According to a study by University of California Irvine professor Valerie Jenness, more than half of all transgender inmates experience rape. Prison culture also creates an atmosphere where transgender inmates may submit to sexual assault for protection from physical violence – all under the callous indifference of prison authorities.” The Guardian

“Transgender prisoners are unfathomably at risk for sexual abuse,” Chris Daley, Deputy Executive Director at Just Detention International, an advocacy group that works to end sexual abuse in detention, told VICE News. “It’s a crisis”

“A recent US study said transgender women in male prisons are 13 times more likely to be sexually assaulted than in the general population, with 59 per cent reporting sexual assaults.”The Independent

“When we are talking about trans people, we are talking about a population who are among the most vulnerable in our prisons,” Rebecca Earlbeck, lawyer representing Sandy Brown.

“Among former state prisoners (US), the rate of inmate-on inmate sexual victimization was at least three times higher for females (13.7%) than males (4.2%)… Following their release from prison, 72% of victims of inmate-on-inmate sexual victimization indicated they felt shame or humiliation, and 56% said they felt guilt.”

Many transgender inmates are placed in “involuntary administrative segregation, which keeps them separated and safe from other inmates.”

“I was forced with no options to be in protective custody, locked down for 23 hours a day,” said Christopher D’Angelo, a transgender male who spent six months in MCSO [Arizona] custody. He likened his detention to solitary confinement. “It just added to my isolation,” D’Angelo said.

Earlier this year, the US Immigration and Customs Enforcement (ICE) was looking to relocate around 25 of the nearly 70 transgender women (there are also a half-dozen or so trans men) that it houses on a nightly basis somewhere more permanent and together, incorporating the 2015 revised trans policies that it has been trying to improve since 2009 and 2011. Barely two-thirds of US facilities are even following the 2011 guidelines.

“The transgender detainees will likely be housed in their own area of the women’s facility, but may be allowed to “mingle” with other female detainees, according to ICE officials.”

Whilst the declared trans women detainees may make up just 0.22% of the 34,000 held, they account for 20% of the sexual abuse cases in detention, and that’s the confirmed reported ones – many are not.

“[US] Immigration officials say they have a model facility in Southern California that only houses gay and bisexual men and transgender women. While some 75 transgender detainees are housed across the country every night, the California facility only houses an average of 44 gay, bisexual and transgender individuals at a time.”

ICE has now cancelled those plans leaving trans immigrants and asylum seekers at risk until improved policies are adopted, although LGBT and immigrant-rights advocates had actually opposed the move because the facility in question had a notorious reputation, disputed by GEO Group and its apparent 100% standards accreditation. Instead, the updated ‘Transgender Care Contract Modification’ policy would allow trans women detainees to be housed in facilities matching their gender identity – a policy the UK adopted in 2011/12, though judging by recent cases, not wholly adopted.

Trans Detention Facilities in Israel

A 24-year-old trans woman in Israel is being reasonably housed at the Neveh Tirtzah women’s prison but kept in isolation at night “due to safety concerns.” She was born into an ultra-Orthodox household as male and began transition as a teen but is serving a third prison term for prostitution, theft and assault. She has complained and filed a petition due to her isolation to which the Israeli Prison Service responded:

“In any case in which a prisoner whose identity is not unambiguous, detention is required in isolation and that is out of concern regarding harm to them or prisoners in the vicinity.”

Trans Detention Facilities in Italy

It is thought that Italy has a total of some 60 transgender prisoners but a specialist centre in Tuscany was planned to house about 30 people. The BBC’s Duncan Kennedy, in Rome, said that until now [2010] transgender prisoners have been located in women’s prisons where they are often segregated for their own safety. Guards were to undertake special training in how to treat transgender prisoners before the prison block was to open near Empoli, in Tuscany, in March 2010.

“It’s a great idea. It will not be a ghetto but a way to avoid the experience of isolation in ordinary prisons,” said Regina Satariano, the head of the Italian Movement for Transgender Identity.

Sadly the Pozzale facility, near Florence, was put on hold. An academic case study – ‘Section D: a Tertium Genus of Incarceration? Case-study on the Transgender Inmates of Sollicciano Prison‘, was recently published (Dec 2014) presenting “a socio-legal analysis of the condition of transgender inmates and of the policy choices (or the lack of them) concerning their incarceration in Italy, based on our case-study of Section D of the Italian Prison of Sollicciano, Florence.”

“…different scenarios share the same conceptual roots: normative binarism and the resulting impossibility of engaging in a political discussion concerning the condition of transgender inmates. Therefore, the second consideration lying at the heart of our study and defining its theoretical and practical framework consists in the necessity of interpreting the complex relations between law and gender, and prison and gender… The condition of transgender inmates globally is evidence of the failure of essentialist policies, grounded on normative binary categories, and the reduction of the social world to the male/female opposition. Employing theory, i.e. critically rethinking the categories of our social space, seems the most logical solution, but logic is not the strong suite of the law (nor of politics). As a result, while legislators envision solely male and female prisoners (and the corollary male and female issues), many correctional institutions are confronted with troublesome ‘specters’ who fail to conform to the legislator’s rational, biopolitical plan…

…Sollicciano is one of the few Italian prisons in which a
tertium genus of incarceration, not provided for by law, has been informally established. The second consideration is the high percentage of non-EU inmates housed in Section D, and the predominance, within this group, of Latin-American inmates, with a significant majority of Brazilians. The last consideration, which lies at the heart of our study and defines its theoretical and practical framework, is the necessity of interpreting the complex relationship between law and gender, and prison and gender. This ‘critical triangle’ defines the object of our study: the theoretical and practical interrelation of law, gender, and rights.”

Trans Detention Experience in the UK

Government estimates of numbers are vastly under-reported. 20-30 is just the tip of the iceberg when there are around 10 in one county alone, to my knowledge, and often 2 or more in each prison, and there are 136 prisons, 82,000 male inmates and 4,000 female inmates. Based upon typical trans statistics that would indicate a few hundred trans inmates, at least. Self-inflicted deaths in custody this year number 43, at least 2 of which were trans, 5% of the total from a population of perhaps 0.5% of inmates (less than 1 in 2000 according to the Government, 0.05%), so at least 10-100x more likely to take one’s life when imprisoned in facilities not matching their gender identity.

Trans and prison reform activists petitioned the Government for over a decade before the PSI 07/2011 Care and Management of Transsexual Prisoners guidance (March 2011) was brought in. I met with prison officers in the few years leading up to that and found that some were taking common sense into their own hands already and in one instance allowing trans women, both pre and post-op, to be moved to the female estate. That, it is not being followed fully 4 years on is a scandal that has led to several high profile deaths in custody.

In ‘Rethinking gendered prison policies: Impacts on transgender prisoners‘,
Sarah Lamble co-founder of Bent Bars Project and a lecturer at Birkbeck School of Law, says:

“Law enforcement officials have a long history of targeting, punishing and criminalising people who do not conform to gender norms. As feminist criminologists have shown, for example, women who fail to conform to femininity norms are often policed and punished more harshly in the criminal justice system than those who adhere more closely to societal gender expectations (Carlen, 1983, 1985; Heidensohn, 1996). Likewise, traditional norms around masculinity and femininity still operate as key modes of discipline, power and regulation within carceral settings (Sim, 1994; Carrabine and Longhurst, 1998; Crewe, 2006). Although the role of gender norms within the penal system is widely recognised, little attention has been paid to their specific impact on transgender people.”

Joanne Latham

A transgender prisoner was discovered dead in her cell at an all-male prison, the BBC reports. Joanne Latham, 38, serving life for three attempted murders, was found hanging by a prison officer at HMP Woodhill (category A) in Milton Keynes in the early hours of Friday 27 November. That she was a patient at the secure Rampton Hospital in 2011 and in the prison’s Close Supervision Centre (CSC) evidences her mental health issues. She had apparently only publicly identified as female this year.

Vicky Thompson

HMP Leeds where a trans prisoner died by presumed suicide
HMP Leeds

Transgender woman Vicky Thompson was found dead on Friday 13 November at “England’s most overcrowded prison” all-male HMP Leeds (category B), where the infamous violent prisoner Charles Bronson was briefly held. It currently holds 550 more people than the 669 person prison was designed for, with the contingent additional health and safety risks that brings. Thompson identified as female and requested female prison incarceration for her 12 month sentence. She said if she was sent to a male prison she would likely commit suicide. her solicitor described the 21 year old as vulnerable. So sending her to Britain’s second most suicidal jail was not clever thinking. HMP Leeds is second, to HMP Brixton, with “77 self inflicted deaths in custody since 1978. There has been at least one death every year since 1986. From 2010 the number of prison officers has fallen from 383 to 260.”

Tara Hudson

Transgender woman Tara Hudson was moved from a men’s to women’s prison after protests. She was imprisoned for assaulting a bar manager. She had been living full-time for 6 years as a woman since the age of 20. She was released this week.

Jackie Brooklyn, Tara’s mother said on her release:

“Hopefully she will heal in time, but it will have a lasting effect. There needs to be a change in the law and the way prisons deal with transgender inmates in general. We had a letter from Tara’s doctor confirming that she has lived her whole adult life as a woman, but it was completely ignored. Relying on what a passport says is a silly way to decide where people belong.”

A petition that called for Tara Hudson to serve her sentence in a women’s prison attracted 159,000 signatures. At the same time another petition by Cardiff University SU Women’s Officer, Rachael Melhuish, wanted to no-platform Germaine Greer from speaking due to her transmisogynistic views.

Greer’s view has been labelled as radical by those feminists who embrace intersectionality, but Hudson’s treatment at the hands of the Prison Service shows the opposite. If anything, Greer’s disdain is indicative of how we view transgender people as a society. By denying Hudson the right to serve her time in a female prison, our legal system is entirely aligned with statements from Greer such as “Just because you lop off your penis… it doesn’t make you a woman.” – Ella Griffiths in The Independent

Paris Lees

How The Prison Service Is Failing Trans People by Paris Lees

Prison Reform for all

Prison reform is what is needed as society moves forward to accepting people outside the binary. HMP/MoJ would have the same problems with non-binary people, some intersex people, as well as trans people at varying points in transition. Italy tried to solve the problem with a specialist trans prison unit. America is considering the same. Rather than 23hrs solitary which is cruel and inhuman, care and planning needs to go into how to house people who do not confirm for their safety. Prisoners still have human rights even if some civil rights are suspended. Trans people also need to be able to have the conversation with some feminists that also argue a pre-op trans may present a risk to a female prison population, or even if no risk, still present an issue. Indeed, the trans person may still be at risk there.