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The effectiveness of the rehabilitation process of criminal detainees in Colombia

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To what extent is the rehabilitation process in the prison ‘El Buen Pastor’ a form of
justice?
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IB Diploma – Global Politics

Engagement Activity

Word Count: 1999

Table of Contents
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Introduction.................................................................................................... 2
Activity.............................................................................................................. 3
Analysis and Evaluation.................................................................................. 5
List of references..................................................................................................... 8

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Introduction

According to the International Criminal Justice Review, the phenomenon of mass

incarceration has extended to Latin America, given that the prison populations have increased by

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more than half in the last 15 years (Georgia State University, Department of Criminal Justice and
Criminology, 2019). Nevertheless, the effectiveness of the Process of Reintegration, defined as
“the process of transitioning from incarceration to the community, adjusting to life outside of
prison, and maintaining a crime-free lifestyle” (Laub and Sampson, 2003) is often questioned.
Given the doubts that have emerged on the way that prisons attempt to rehabilitate the detainees,
my engagement activity addresses the following question, “To what extent is the rehabilitation
process in the prison El Buen Pastor a form of justice?”
Personally, as an affluent individual, I am indignant that due to the unjust manner that the
rehabilitation process is applied in Colombia so many citizens will succumb to being eternally
marginalized members of society. Therefore, I am interested in exploring the measures that
Colombian prisons, specifically ‘El Buen Pastor’, employ to ensure that the detainees will be

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reintegrated into society as active citizens, whilst maintaining a crime-free lifestyle. Moreover, I

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wish to understand how the systemic injustices in the Colombian correctional system, including
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but not limited to class, prejudice, racism, and inequality, influence the efficacy of the prison
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system in terms of rehabilitation.
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The political issue of justice in the rehabilitation process in the prison El Buen Pastor, a
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medium security women’s prison that is characterized by extreme overcrowding, poor hygiene,
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and an inadequate infrastructure,

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Figure 1: Façade of El Buen Pastor prison (El Espectador, 2020)

has a direct relationship with several Global Politics concepts, including Justice, Human
Rights, (In)equality, and Development. This is because the methods that are employed to
rehabilitate the women will be explored, particularly if they reflect a form of justice, as well as
how the use of such methods could potentially compromise the fulfillment of human rights.
Additionally, it relates with the concept of (in)equality, since the methods for reintegration will be
evaluated in terms of the equality, or lack thereof, with particular emphasis on the living

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conditions. Furthermore, it also connects with the unit of Development, especially regarding the
struggle to fulfill human needs, from biological needs such as food and shelter, to self-actualization
(according to Maslow’s hierarchy of needs).

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Figure 2 - Maslow’s hierarchy of needs (Mcleod, 2020)
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This paper will also be founded in the theory of liberalism, and will utilize realism as a
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counter perspective, the former specifying the ways by which human life and dignity is prioritized
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through the scope of human rights (HR), whilst the latter claims that HR are too idealistic and
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should not be prioritized. Therefore, the political issue will be examined through the conceptual
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lenses of justice, human rights, (in)equality, development, and the critical perspective of Marxism.
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Activity

For my Activity, the original plan was to visit the women’s prison ‘El Buen Pastor’ in
Bogotá, where the detainees are those who were accused of crimes that considered them to be
considered a danger to the life and integrity of others (INPEC, 2020). However, due to the COVID-
19 pandemic, I was unable to execute my initial plan since non-essential movement is strictly
forbidden. Therefore, I digitally interviewed Johana Bahamón, an advocate for the rights of the
Colombian incarcerated population and a member of the Prison Dignity Committee, who has
worked alongside the inmates of the prison ‘El Buen Pastor’ in terms of their reintegration into
society, as well as throughout their process of rehabilitation. Bahamón informed me about her
project called, Acción Interna, which has the premise of believing in second chances in regards to

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the incarcerated population in Colombia. Acción Interna was founded as an intervention-like

project that has three scopes: help the prisoners’ personal/spiritual growth, facilitate their
reintegration into society through art and culture, and promote productive work within the prison.
This interview deepened my understanding on what should be the standard approach to rehabilitate
the incarcerated population, and it subsequently evoked a reflection on the inequality in
Colombia’s prison system, since only a select number of prisons are offered such rehabilitative
techniques. Therefore, I was able to explore to what extent El Buen Pastor fulfilled and enforced
the four principles of criminal punishment, as observed in figure 3.

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Figure 3: Four Principles of Punishment (Criminal Law, 2015)

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Furthermore, I interviewed several people that are part of the religious organization,
Emaus, based in Bogotá, since they regularly visit the women incarcerated in El Buen Pastor in
order to contribute to their spiritual growth. According to some of the participants of Emaus, the
main hindrance for the rehabilitation process are the poor living conditions in the prison, which
are characterized by severe overcrowding, poor hygiene, and inadequate infrastructure. Such
phenomena compromises their second generation human rights, since the detainees are not given
adequate housing and do not enjoy the basic standards of living necessary for their health.
Moreover, another problematic aspect consists of the injustice that permeates the Colombian
correctional system, considering that 33,3% of prisoners in Colombian jails are merely accused

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and therefore awaiting trial (INPEC, 2019). However, the process of conviction can take years,
therefore many inmates are proven innocent after a prolonged period of wrongful incarceration.
This particular interview led me to understand the complexities of the rehabilitation process
for prisoners within the context of a society where the latter face extreme marginalization and are
victims of deep-rooted systemic injustices; evidenced by the fact that an estimate of 38% of
prisoners in the United States are African American and 21% are Hispanic (Bureau of Justice
Statistics, 2018). Instead of developing a prison system whose conditions allow for the
rehabilitation of the incarcerated, the reality that the majority of the detainees in Colombia face is
plagued by injustice and a lack of protection of their human rights.

Analysis and Evaluation

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Nevertheless, there are many issues that emerge when attempting to implement just,
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rehabilitative methodologies in the prison system at a larger scale. For instance, in regards to the
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prison system in Colombia, a developing country that is notorious for its systemic corruption,
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which has led to limited resources and has a history of political decisions being greatly influenced
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by social pressure (for example, public school teacher strikes in 2018), the process of allocating
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funding for different areas is not entirely objective. This problematic aspect of funding certain
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areas stems from the prejudice that exists surrounding the incarcerated population, which
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contributes to their marginalization. Therefore, the government implicitly favors (in regards to
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funding) certain areas such as education rather than the prison system, which creates poor living
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conditions that compromise the second generation human rights of the women. Such conditions
include overcrowding, where El Buen Pastor, a prison with a capacity for “1.275 detainees, yet
currently has 2.612 -- an imbalance that can be represented as 70% overpopulation” (Higuero,
2018, pg. 2), and a lack of proper food supply; the foods do not undergo an appropriate hygiene
protocol, which has caused “gastritis and gastrointestinal infections” (El Espectador, 2019, pg.1).
Additionally, the incarcerated women do not receive education, qualifications, or diplomas of any
sort. Thus, posing as hindrance for their rehabilitation, considering that no individual forced to live
in such conditions will be correctly supported for reaching a stage of personal growth that compels
individual revindication, which further evidences that the purpose of imprisonment is to isolate
from society only; essentially a socially darwinian approach.

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Furthermore, the systemic injustices in Colombia’s prison system not only result in an
unjust rehabilitation process, but it also affects Colombia’s development. This is because the
successful and thus, just rehabilitation of the detainees creates more opportunities for them, allows
them to contribute to the economy, and embark on the journey of fulfilling Maslow’s hierarchy of
needs. For instance, in developed countries such as Norway and Sweden, there are recreational
and educational infrastructures in the prisons. Also, there are practices for relieving the burden that
weighs on the correctional officers, and it “encourages them to fill a rehabilitative role” (Larson,
2013, pg. 3). Demonstrating how the justice of the prison system is regarded with importance by
developed nations, as they understand its role in regards to social justice and equality. This
methodological approach of rehabilitating detainees is supported by the basis of liberalism, as it is
prioritizing human life and dignity, whilst taking into account the importance of equality and the

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protection of human rights in a nation’s development. However, realists would argue that

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considering the varying characteristics of each nation’s economic, social, and political situation,
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self-interested nations will assess differently their resource distribution through prioritizing sectors
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that they consider will pose as a catalyst for their development, rather than utilizing other countries
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as a paradigm. Therefore, the ideal of prioritizing the efficacy and justice of the rehabilitation in
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the prison system is quite romantic, since reality indicates that due to the stigma surrounding the
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incarcerated population and the lack of moral concern that is awarded to the latter as a result,
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developing nations with limited resources will not prioritize that matter.
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However, the efforts of El Buen Pastor, for attempting to provide the resources necessary
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for the women to desist from crime after their sentence must be acknowledged. They have launched
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a rehabilitation center for treating addiction and substance abuse specifically for the detainees and
it has incorporated a program alongside Colpensiones, that encourages the women to save money
so that they can receive pensions. The program protects those whose resources don’t allow them
to monthly contribute to their pension, thus, helping their reintegration into society and helping
them desist from crime since they will be financially protected. Nevertheless, the systemic
injustices in the correctional system create other issues that essentially render the efforts of El Buen
Pastor useless, which is a factor that can be paradoxical when connected to the critical perspective
of Marxism. This is due to the fact that such injustices are systemic, so even though this is an issue
that requires government intervention, the government itself is a direct reflection of the deep-
rooted injustices (centered around prejudice, stigma, dehumanization, etc.) towards the

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incarcerated population. The perspective of Marxism can be applied to this issue through a
different scope – the inevitable injustice and inequality in a society structured through a class
system. The majority of the detainees in the prison El Buen Pastor belong to lower classes and
have a history of being victims of violence, sexual assault, and extreme poverty (INPEC, 2019).
Therefore, connecting it with the premise of Bahamon’s project – second chances – it appears as
though the people incarcerated in El Buen Pastor, the prison with the highest overcrowding rate
in Colombia, have not even had their first chance. Meaning, they were born into a society based
on a class system where the bourgeoisie exploits the lower classes, so they were essentially
condemned to have to resort to crime and violence for survival. One can establish that such
injustices permeate the correctional system at a global scale, which is evidenced by the repeated
occasions of wealthy individuals resolving their charges by paying bail or resorting to other

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resource related solutions. Thus, the incarcerated population are victims of a system that actively

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operates against them.
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Overall, considering the previous analysis on the deep-rooted systemic injustices that
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permeate the Colombian correctional system as a result of status and prejudice, one can establish
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that the rehabilitation process in the prison El Buen Pastor is not and will never be a form of justice
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unless permanent changes in the system itself are carried out. Nevertheless, the probability of these
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changes occurring in the near future is slim, given that they would require a transformation of the
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cultural mindset regarding the incarcerated population, the concept of status and class to be
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revolutionized, and the adoption of a different methodological approach towards rehabilitative

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models. So, if the system remains as it is currently, the infrastructure of El Buen Pastor will
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continue to worsen, there will continue to be severe overcrowding, there will be a lack of protection
towards human rights, and the inequality within the detainees will persist. It is near impossible for
an individual to be compelled towards rehabilitation and reintegrating into society if their reality
is characterized by the phenomena presented previously. Therefore, one can question if there was
ever a rehabilitation process implemented in El Buen Pastor in the first place? Or will the
Colombian government realize that the current prison system can only offer mere seclusion rather
than a just rehabilitation?

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List of References

[Author removed at request of original publisher]. (2015, December 17). Criminal Law. Retrieved
mmDecember 02, 2020, from https://courses.lumenlearning.com/suny-criminallaw/

Celeste Davis, S. (2012, August 13). The process of offender reintegration: Perceptions of what
helps prisoners reenter society. Retrieved July 03, 2020, from
https://journals.sagepub.com/doi/abs/10.1177/1748895812454748?journalCode=crjb

El Espectador (2020, March 17). Tensión en la cárcel Buen Pastor por medidas del Inpec para enfrentar el
coronavirus. Retrieved July 22, 2020, from https://www.elespectador.com/coronavirus/tension-en-la-
carcel-buen-pastor-por-medidas-del-inpec-para-enfrentar-el-coronavirus-articulo-909862/

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Higuero, L. A. (2018, August 22). En el corazón del Buen Pastor. Retrieved July 03, 2020, from

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https://uniandes.edu.co/es/noticias/en-el-corazon-del-buen-pastor

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Instituto Nacional Penitenciario y Carcelario. (n.d.). Instituto El Buen Pastor. Retrieved July 03,
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2020, from http://www.inpec.gov.co/institucion/organizacion/establecimientos-
penitenciarios/regional-central/rm-bogota
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Instituto Nacional Penitenciario y Carcelario (INPEC). (2019, January). Informe Estadístico

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Enero 2019: Población reclusa a cargo del Inpec. Retrieved July 03, 2020, from
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file:///Users/manuelagaray/Downloads/INFORME%20ESTADISTICO%20ENERO%202019.p
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John Jay College of Criminal Justice. (2019, July 15). Prison Populations Are Exploding in Latin
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America. Here's Why. Retrieved July 03, 2020, from https://sum.cuny.edu/mass-incarceration-

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Mcleod, S. (2020, March 20). Maslow's Hierarchy of Needs. Retrieved July 22, 2020, from
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jjijjjjjjjjjjhttps://www.simplypsychology.org/maslow.html

Nellis, A. (2016, June 14). The Color of Justice: Racial and Ethnic Disparity in State Prisons. Retrieved
July 22, 2020, from jjjjjjjjjjjhttps://www.sentencingproject.org/publications/color-of-justice-racial-and-
ethnic-disparity-in-state-prisons/

Larson, D. (2018, August 30). Why Scandinavian Prisons Are Superior. Retrieved July 03, 2020, from
https://www.theatlantic.com/international/archive/2013/09/why-scandinavian-prisons-are-
superior/279949/

Presidencia de la República. (n.d). Inpec inaugura el primer Centro de Rehabilitación de Adicciones para
privadas de la libertad de Latinoamérica. Retrieved July 03, 2020, from
https://id.presidencia.gov.co/Paginas/prensa/2019/190823-Inpec-inaugura-el-primer-Centro-de-
Rehabilitacion-de-Adicciones-para-privadas-de-la-libertad-de-Latinoamerica.aspx

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