In the past weeks, the head of the judiciary of the Islamic Republic of Iran has emphasized again on the transfer of Rajai Shahr and Qazalhasar prisons outside of cities. The governor of Alborz province has also identified the presence of four “sensitive and important” prisons in this province and the gathering of families around them as a “problem” in this province.

Prisons are built outside of cities for various reasons and to serve the interests of different groups in most parts of the world. Regardless of the reasons for governments and judicial systems insisting on building prisons outside of cities, this issue can also be examined from the perspective of the rights of prisoners, their families, and children. In this note, I will address the issue of the distance between prisons and the homes of prisoner’s families, and the rights and needs of their children, with reference to the vague reasons put forth by officials of the Islamic Republic for relocating prisons in Alborz province.

With the imprisonment of an individual, their family will also be under various forms of pressure. Children, as a vulnerable group, will bear the most pressure as a result of their parents’ imprisonment. In a few cases related to child abuse or domestic violence – if it leads to the formation of a case and the imprisonment of the individual – or some cases of murder, it may be possible to determine that the imprisonment of the parent is in the best interests of the child. In other cases, the consequences of imprisonment can have long-lasting and irreparable effects on the child. Experts suggest various ways to reduce the intensity and duration of the negative effects of parental imprisonment on children. One of these ways is to maintain the relationship between the child and the imprisoned parent, the best form of which is a face-to-face or video visitation.

If we accept this issue as a scientific fact, then we can ask the question of how the separation of a prisoner’s place of confinement from the child’s place of residence will affect the preservation of the visual connection between the child and their parent.

In this note, we do not address other factors that contribute to the decrease in the number of visits between incarcerated parents and their children, such as prison regulations that create restrictions, special and exceptional circumstances like the COVID-19 quarantine, families’ false beliefs, lack of awareness about the positive effects of visits on children, and lack of access to psychological support to help children cope with pre- and post-visit emotional distress, and other external reasons.

The primary requirement for conducting a face-to-face meeting is to travel to the location of the prison. Moving away from the child’s place of residence means imposing additional financial burden on the family for transportation. One of the first effects of imprisonment, considering that the majority of prisoners (around 97%) are men, is a decrease in the family’s income. This is due to the traditional structure of many families in which men are responsible for providing for the family and the discriminatory structure of the job market, with lower income and less opportunities for women. According to prison officials, many prisoners (over 70%) are struggling with poverty. As a result, many families of prisoners also face challenges in meeting their basic needs, and the additional cost of traveling to the prison can be among the expenses that can be eliminated or reduced.

In addition, long-term presence on the commute route and in private or public transportation is more difficult for children and elderly individuals. Children, especially young children, become tired or even suffer physical harm from being on long journeys. On the other hand, for young children who are deprived of direct contact with their incarcerated parent, the likelihood of rebuilding their relationship with their parent becomes more difficult. Although this note focuses on the impact of this event on the child, it is worth mentioning that according to scientific research, the inability of a released individual from prison to establish a relationship with their family can be one of the factors leading to re-offending and returning to prison. On the other hand, the fatigue and exhaustion of the child on the journey to the prison can have a negative impact on their relationship with their incarcerated parent. Keep in mind that usually, and contrary to the best interests of the child and human rights recommendations, the time for visits between the child and parent is very short. As a result,

We must also consider the high likelihood of accidents on roads as a related harm of leaving prisons and moving away from the child’s place of residence. In addition to the conditions of roads in Iran and the high statistics of road accidents, the mental state of families can increase the likelihood of accidents if they themselves are driving the vehicle.

In countries where civil institutions have the freedom to operate, a range of facilities are provided by philanthropists and civil society, such as providing transportation for families to visit prisons. Although these means do not shorten the travel distance, they can compensate for some of the financial burden imposed on families. In some areas, the possibility of video communication with the prisoner is provided by civil institutions and some public institutions such as city public libraries. However, it should be noted that this form of communication is not intended to replace face-to-face relationships, but rather to compensate for some of the lack of visual communication.

One of the reasons cited by the authorities of the Islamic Republic for the relocation of prisons outside of cities is the “gathering of families.” It is not clear from the published summaries what exact problem the “gathering of families” has caused for the “local residents” that has been identified as an urban problem and issue. Is the problem the government’s view, society’s view, and some media outlets’ view of public criminals and their families and the “stigma” surrounding public crimes? In this case, the government’s duty is not to perpetuate this stigma, but rather to remove it from prisons and prisoners, prevent the embarrassment and expulsion of the prisoner’s family, and strive to connect the prisoner and his family to society. In the meantime, the child of the prisoner suffers even more serious harm. Especially in cities and small towns, the stigma of prison is experienced as bullying and in many cases leads to the child’s isolation or aggression (as the maximum behavioral effects in children).

However, in recent years, especially in the past 8 months (since about a week before the “Women, Life, Freedom” uprising), gatherings of families of ordinary criminals sentenced to execution in front of some prisons, especially in Alborz province, have been reported in the news. It is still unclear what the authorities mean by “gatherings of families” in front of prisons. If this is the case, it is not clear what “harm” these gatherings could cause for the locals in preventing the execution of their loved ones. However, from a social perspective, these gatherings should be evaluated in terms of strengthening the bond between the families of prisoners and society, de-stigmatizing prisons, and garnering public empathy. The result of this empathy is not meant to support the “criminal”, but rather to increase public demand for the abolition of life-threatening sentences (such as execution), violation of human dignity (such as flogging), and demand for “fair trials”.

In summary, if fair trials are established, alternative punishments are considered instead of imprisonment, the best interests of children are taken into account when issuing judicial orders for accused parents, and ultimately imprisonment is not the only solution for the parent, governments are still obligated to work with institutions and civil society to provide the best conditions for children’s visitation to prisons, create a child-friendly environment for children to meet their incarcerated parent, and facilitate the emotional and psychological well-being of the child through their relationship with their incarcerated parent. In a country where none of these considerations are in place, looking at such decisions from a child’s perspective can help strengthen campaigns against wrong or opaque decisions and provide comprehensive arguments to oppose them.

Notes:

1- Alborz Governor: People of the province demand expedited transfer of Rajaei Shahr prison, ILNA News Agency, 17 Farvardin 1402.

2- What percentage of the country’s prisoners are women?, Hamshahri Online, 29 Farvardin 1401.

3- Poverty and destitution are the cause of imprisonment for 73% of prisoners, Mehr News Agency, 1st of Khordad 1397.