ABSTRACT

The prisons are above capacity by some 28% with awaiting trial prisoners bearing the brunt of overcrowding. COVID-19 brought a swift and harsh response from government, essentially shutting down the country, including the criminal justice system, under the so-called Levels 4 and 5 restrictions. The lockdown placed further restrictions on the prison system, prohibiting all external visitors, including families, lawyers and the statutory prison oversight body. Taking heed from the call of the WHO to decongest prisons, a remission of sentence was announced targeting some 19,000 sentenced prisoners. To date, the strategy of isolation to protect the prison population seems to have paid off as infections are manageable, but the reliance on the criminal justice system to enforce restrictions, the failure to monitor detention effectively and access to accurate data are some of the concerns emerging. The already restricted daily regime intensified, which raises questions about sustainability, unintended consequences and the risk of conflict and violence.