A high and possibly increasing prevalence of mental disorders in prisoners has been
demonstrated in recent surveys. In comparison to the general population, prisoners
have an increased risk of suffering from a mental disorder. It is a risk not restricted to
any particular country/region. Mental disorders increase the risk of suicide, which is
considerably higher in prisoners than in the general population. Suicide is the leading
cause of death in penal institutions, especially during the early stage of confi nement.
For mentally disordered prisoners, there is often an increased risk of being victimized,
as well as the potential for high rates of decompensation and deterioration. Risk
assessment for legal-prognostic purposes has many methodological similarities to
that dealing with risk of suicide of prisoners. The increased consultation of forensic
psychiatry in this area refl ects the interest of the relevant agencies in reducing the
high suicide rate in prisons and jails. Some authors have suggested that the suicide
rate among prisoners is a marker of the inadequate or even inhumane treatment
in prisons.
A number of guidance documents by the United Nations International Resolutions
(esp. Standard minimum rules for the treatment of prisoners), the Council of Europe
(esp. Recommendation No R (98) 7 on the Ethical and organizational aspects of health
care in prison), the World Medical Association (esp. Declaration of Tokyo 1975), the
World Psychiatric Association (esp. Declaration of Hawaii 1977) as well as the Oath
of Athens (International Council of Prison Medical Services 1979) touch upon prison
psychiatry but lack more detailed guidelines for dealing with mentally disordered
prisoners.
The ‘principle of equivalence’ states that prisoners should have access to the same
standard of treatment as patients in the community. The objective of this notion is
justice for the vulnerable who should not be subjected to additional punishment
through deprivation from healthcare. However, this principle is rarely achieved,
partly due to limited resources for the delivery of care to a particularly complex
and multi-morbid population. Opponents of equivalent healthcare have argued that
prisoners do not deserve the same (or even better healthcare) as they have often
declined appropriate interventions in the community.