In Australia, the UK and the USA, among other countries, state authorities are turning with increasing frequency to private corporations to operate correctional facilities. Plans have been announced to extend this approach to Africa, Asia and Latin America. The experience in the USA suggests that the record of private operators is uneven with regard to the treatment of prisons and prisoner conditions, including adherence to the UN Standard Minimum Rules for the Treatment of Prisoners. Governments may fail to exercise appropriate monitoring and oversight. There have been troubling cases of rampant and flagrant mistreatment (e.g. beatings, excessive use of force or chemical agents, sexual misconduct, and unsanitary conditions) undetected by government agents, or leading to no action.
States violate their obligations by authorizing private correctional facilities in which it is unclear what standards and safeguards are applied to ensure that the human rights of detainees are respected. Public scrutiny of private prisons is impeded because the corporations erect a shield of confidentiality around their business operations.
Delegating the responsibilities inherent in the operation of a prison to private enterprises provides them with extraordinary power over the lives of prisoners. Safeguards must be identified to ensure that such power is exercised in accordance with international norms. Private employees make discretionary decisions that affect the fundamental liberty interests of detained or imprisoned persons, including disciplinary decisions which can affect the length of time a person remains incarcerated.