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PRISONER Prisoner - is a person who is deprived of liberty against their will. This can be by confinement, captivity or by forcible restraint. The term applies particularly to those on trial or serving a prison sentence. HISTORY The earliest evidence of the existence of the prisoner dates back to 8,000 BC from prehistoric graves in Lower Egypt. This evidence suggests that people from Libya enslaved a San-like tribe. TYPES OF PRISONER 1. CRIMINALS are prisoners that are incarcerated under the legal system. The term most often applies to those convicted of a felony. 2. DETAINEES refer to individuals held in custody. They are referred to detainees as it is a general term and as such, does not require the subject to be classified and treated as either a prisoner of war or a suspect or convict in criminal cases. It is generally defined with the broad definition: "someone held in custody". 3. PRISONERS OF WAR, also known as a POWs, are individuals incarcerated in relation to wars. He or she can be a member of the civilian population or a captured soldier. 4. POLITICAL PRISONERS describe those imprisoned for participation or connection to political activity. 5. HOSTAGES are historically defined as prisoners held as security for the fulfillment of an agreement or as a deterrent against an act of war. In modern times, it refers to someone who is seized by a criminal abductor. 6. SLAVES are prisoners that are held captive for their use as laborers. Various methods have been used throughout history to deprive slaves of their liberty, including forcible restraint. RIGHTS OF A PRISONER (IN GENERAL) All prisoners obtain the basic rights which are needed to survive and sustain a reasonable way of life, despite their imprisonment. Most rights are taken away so the prison system can maintain order, discipline, and security. Any of the following rights, given to prisoners, can be taken away for that purpose: - The right not be punished cruelly or unusually
Third Geneva Convention .The right to receive a written statement explaining evidence used in reaching a disposition . cosmetics. the use of slave labor. and confiscation of property forced changes to the status quo.The right to a hearing upon being relocated to the mental health facility .The right to food that would sustain an average person adequately .The right to be notified of all charges against them . a watch. religious and political discrimination. widespread deportations.2 . Over the proceeding decades large scale changes began to occur in all areas of international law and prisoners‟ rights were no exception.The right to equal protection . stationary.The right to access the parole process .The right to bath (for sanitation and health reasons) PRISONERS’ RIGHTS IN INTERNATIONAL LAW History The events of the two World Wars had a profound effect on international law due to the widespread denial of civil rights and liberties on the basis of racial.The right to personal property such as: cigarettes. Now there are numerous international instruments which lay down codes by which prisoners should be dealt with: 1. The systematic use of violence.The right to practice religion freely .The right to visitation . including wanton murder and ultimately genocide.The right to medical treatment (both long and short term) .The right to administrative appeals . abuse and murder of prisoners of war.The right to due processes . and snack-food .The right to file a civil suit against another person .
inhuman or degrading treatment. members of regular armed forces who profess allegiance to a party not recognized by the detaining power. The article also imposes specific obligations around criminal justice. Prisoners of war are entitled to the following rights: • the rights to humane treatment which prohibits specifically violence causing death or seriously endangering health or physical mutilation or scientific or medical experiments • protection from acts of intimidation. It defines humanitarian protections for prisoners of war. water. requiring prisoners in pretrial detention to be separated from convicted prisoners and children to be . persons accompanying armed forces but are not members and inhabitants of a non-occupied territory who takes up arms in resistance who are captured by an enemy power. The right complements the Article 7 prohibition on torture and cruel. insults and public curiosity • protection from reprisals • protection from physical or mental torture • adequate physical and psychological treatment • to keep personal items including money • to be evacuated if the territory in which they are held becomes too dangerous • to adequate food. This applies not just to prisoners. 1976. shelter and clothing • sanitary living conditions • religious freedom 2. belonging to a party to the conflict. but significantly revised and replaced by the Third Geneva Convention of 1949.3 - - - The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929. Article 10 of the International Covenant on Civil and Political Rights requires anyone deprived of liberty to be treated with dignity and humanity. The International Covenant on Civil and Political Rights The International Convention on Civil and Political Rights came into force on March 23. but also to those detained for immigration purposes or psychiatric care. Prisoners of war are defined as members of the armed force or members of militias or volunteer corps forming part of the armed forces.
held at Geneva and approved by the Economic and Social Council in resolutions of July 31. color. illness. privileges. The basic principle described in the standards is that "There shall be no discrimination on grounds of race. removal of prisoners .g. It requires prisons to be focused on reform and rehabilitation rather than punishment. - - - - - 4. prison inspections. retention of prisoners' property. sex. treatment (rehabilitation) of prisoners. work. national or social origin. property. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment entered into force on March 1. food. education and recreation. The Committee is permitted to visit all places of detention. It contains a number of guiding principles. medical services. rules for civil prisoners (for countries where local law permits imprisonment for debt. personal hygiene. The Standard Minimum Rules for the Treatment of Prisoners The Standard Minimum Rules for the Treatment of Prisoners were adopted on August 30. the use of instruments of restraint. The treatment of prisoners is also addressed in the United Nations Convention against Torture and Other Cruel. 1955 by the United Nations Congress on the Prevention of Crime and the Treatment of Offenders. religion. Inhuman or Degrading Treatment or Punishment. birth or other status". or by order of a court for any other noncriminal process) and rules for persons arrested or detained without charge.1957 and May 13. contact with the outside world. Part I contains standards which set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of penal institutions. political or other opinion. The Convention establishes the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) as the anti-torture committee of the Council of Europe.4 separated from adults. 1977. defined by the convention as “any place within its jurisdiction where persons are deprived of their liberty by a public authority. Specifically. 3. the quality and training of prison personnel. Part II contains rules applicable to different categories of prisoners including those under sentence. notification of death.” (e. 2002. discipline and punishment. the availability of books. clothing and bedding. classification and individualization. complaints. prisons and juvenile detention - . Part II also contains rules for prisoners under arrest or awaiting trial (generally referred to as remand). religion. it covers issues related to minimum standards of accommodation . language. transfer. social relations and after-care. exercise.
It is now clear that the CIA allowed water boarding which is not only a breach of international law but also the American Army Field Manual which prohibits cruel. protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity. In exceptional circumstances. The American government claimed that the facility was not covered by the Geneva conventions protecting prisoners of war as the detainees were „enemy combatants‟. After each visit a report is drawn up with any possible suggestions to the state in question. humiliating or degrading treatment. Cuba. including police and prison staff. a state may make representations based on grounds of national defense.” Persons with disabilities are defined as those “who have long-term physical. All information gathered is confidential. States Parties shall promote appropriate training for those working in the field of administration of justice. Regardless of the status accorded to detainees international law still prohibits torture. it is required to allow access to the territory with the right to free travel without restriction. police stations. Afghanistan . The Convention‟s purpose is to “promote.5 - - - centers. 5. the right to interview any person being held within the facility.” - - BREACHES OF PRISONERS’ RIGHTS IN INTERNATIONAL LAW Guantanamo Bay The American government has been accused of many breaches of prisoners‟ rights in international law. full information of the facility in question. public safety and serious disorder in custodial facilities against a visit to a certain place or at a certain time. 2007 and has 82 signatories. communicate freely with any person whom it believes can supply relevant information and access to any other information which the Committee feels is necessary to carry out its task. It provides that in order to “ensure effective access to justice for persons with disabilities. holding centers for immigration detainees and psychiatric hospitals) Once a state government is notified of the intention of the Committee to carry out a visit. mental. The Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities entered into force on the March 30. unlimited access to the facility and free movement within it. intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. Article 13 of the Convention relates to access to justice for persons with disability. The most publicized case is the detention facility it maintains in Guantanamo Bay.
The prisoners held there were exposed to extreme temperatures. forcing prisoners to masturbate. sodomised and beaten to death. forcing prisoners to strip. smearing prisoners with faces. US soldiers are accused of abusing prisoners in a secret prison in Bagram air base. Shebarghan prison is claimed to be overcrowded with inadequate bathing and ablution facilities. Iraq In 2003. or natural light and religious duties were interfered with. threatening prisoners with dogs. bedding.6 In Afghanistan. There was also accusations that prisoners were raped. US soldiers at Abu Ghraib prison serving there were accused of beating prisoners. making prisoners simulate sex and form naked piles. as well as lack of food and medical care. not given adequate food. accusations started to emerge of prisoner abuse in Abu Ghraib prison. . There are also claims of abuse in Shebarghan prison in northern Afghanistan for which America is jointly responsible with the Afghan government.
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