Rehabilitation versus retribution: How international inspectorates influence prison philosophy and practice?

Ernest Ramokone Lekalakala
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Ernest Ramokone Lekalakala: Tshwane University of Technology

International Journal of Research in Business and Social Science (2147-4478), 2025, vol. 14, issue 8, 544-553

Abstract: This study examines the ideological impact of international prison inspectorates on national correctional systems, concentrating on how these bodies influence the balance between rehabilitative and retributive penological philosophies. While their primary mandate is to monitor prison conditions and prevent ill-treatment, inspectorates such as the European Committee for the Prevention of Torture (CPT), the Optional Protocol to the Convention Against Torture (OPCAT) National Preventive Mechanisms (NPMs), and the International Committee of the Red Cross (ICRC) subtly shape penal ideologies through their engagement and recommendations. The research sets out three objectives: to identify the penological philosophies promoted by selected international inspectorates, to analyse their rhetorical and strategic approaches in influencing prison systems, and to assess the tangible impact of these efforts on national policies and prison practices. A qualitative, comparative case study method is used, incorporating content analysis of inspectorate reports and communications, national legislation, and interviews with key stakeholders. Preliminary findings reveal a consistent promotion of rehabilitative and human rights-based approaches by these bodies. The CPT emphasizes normalization and reintegration, OPCAT NPMs focus increasingly on conditions supporting rehabilitation, and the ICRC advocates humane treatment, which underpins rehabilitative ideals. Impacts include legislative reforms, the introduction of rehabilitation programs, and shifts in official discourse. However, these changes vary across countries and are often limited by political, economic, and cultural barriers. The study concludes that international inspectorates, though often operating subtly, contribute significantly to shifting correctional ideologies toward more balanced, rehabilitative models. It adds to penological scholarship by illuminating the mechanisms through which global oversight fosters internal penal reform. Key Words: International Prison Inspectorates, Rehabilitative Penology, European Committee For The Prevention Of Torture (CPT), Optional Protocol To The Convention Against Torture (OPCAT), Penal Reform, Prison Conditions Monitoring

Date: 2025
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