Development of international standards for the treatment of prisoners

Transcription

1 Forum: Issue: Human Rights Commission Development of international standards for the treatment of prisoners Student Officer: Alla Younis Position: Deputy Chair of HRC Introduction Over the past few years, a growing number of prisoners taken by governments or private authorities have faced harsh and abusive conditions that intentionally invade their human rights. Violence for example is a major issue in many prisons. In countries such as Brazil, Kenya, Venezuela, and Panama, prison homicides are very frequent. Inmates are typically killed by other inmates rather than by guards, which was often the anticipated result of official negligence. By neglecting to manage and control the prisoners inside of their cells, by failing to act effectively/at all to incidents of violence, by corruptly permitting the section of weapons and medications into the penitentiaries, and by encouraging the oppression of the strongest prisoners over the weakest, prison rights were directly complicit in the violence against their charges. In some countries, such as Mexico, inmates were able to control fellow inmates with little interference from prison authorities, and to participate in violence, sexual abuse, drugs and smuggling, bullying, and encouraging peddling. The mistreatment of prisoners fails to be a globally recognized important issue, as psychologically humans overlook the importance of how prisoners are treated because of their immoral actions. The United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the United Nations Congress in 1955, states that everyone is entitled to be treated equally, whether or not they have committed a crime. The purpose of these rules is to guide against mistreatment, particularly in connection with the enforcement of discipline and the use of weapons of restraint in penal institutions. It is also absolutely forbidden to discriminate a prisoner according to their race, color, language, religion, political opinion, birth or any other status. It is difficult for all the rules to be held out in countries with dissimilar social, economic, and geographical differences, but it is crucial that their conditions are accepted as suitable by the United Nations. Research Report Page 1 of 7

2 Middle School Model United Nations th May 2015 Definition of Key Terms Prisoner An individual who is held in custody or a condition of forcible restraint, while serving a prison sentence or while on trial. Prison A building where one is legally held discipline for committing a crime or is waiting for trial. Prisoner s Rights Rights that are believed to be justified for prisoners while they are serving their time in Prison. Pre-trail Detention The incarceration of a defendant in a criminal case before the trial has taken place, either because no bail has been posted or a pre-trial release has been denied. Human Rights Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. 2 Background Information General Information Mistreatment among prisoners is not just a issue that only exists now; it has also been a problem in the past. There is evidence of cultures having used a wide variety of hideous torture methods throughout history to end the lives of criminals and traitors. Methods included crucifixion, flaying, burning and boiling them alive in a large pot. Evidence of human bones - which were to be around 500,000 years old have been found in cooking pots and hearths in China. However, corporal punishment and forced labor were far more common forms of punishment. Treatment in Prisons In the 18th Century, the enlightenment in France and England gave rise to new views on liberty, human nature, and time. In the 19th century, many became aware of the prison conditions and became Page 2 of 7 Research Report

3 outraged. This later led to the reformatory movement, which redefined the prisons and the treatment of the prisoners by providing education, work, and counseling. Children and adult inmates have also been separated, which is now one of the rules in The Standard Minimum Rules for the Treatment of Prisoners. In conclusion, as time went on, the treatments in the prisons has started to gradually improve. In 1929 the signed Geneva agreement provided for humane treatment of prisoners of war. Despite this agreement, mistreatments were very popular during World War II, between German and Japanese captors. Additionally, allied troops committed acts, which were cruel and violated one s human rights. The agreement was signed and ratified by forty-eight governments and noted among other things - such as that food served to prisoners should be equal in quality to what was served to the detaining troops, that prisoners should not be placed in solitary confinement, and that officers should be paid the same amount as other officers in the detaining country. Today, there has been a huge improvement in the way prisoners are treated around the world, with some exceptions. Within developing countries, pre-trial detention is a huge issue. It is common among these countries that the ones who face pre-trial detention are put through worse circumstances than those who are sentenced in prison. Another issue is their poor prison management, as they do not follow up upon their rules and laws to protect and promote human rights or else they are outdated. Their healthcare systems are also inadequate, making it easier for diseases to spread among the inmates. Extremist Prisons governed by the United States Nevertheless, there are extreme prisons around the world, no matter how developed they are considered, which violate human rights. The main one being controlled by the United States of America and known as Guantanamo Bay. This prison commits extreme abuse such as forced nudity, severe beatings, electric shocks and sexual assaults, most of which did not only violate human rights, but also went against the UN s Standard Minimum Rules for the Treatment of Prisoners. Another extremist camp controlled by The United States was Abu Ghraib. Major Countries and Organizations Involved United States The United States established Abu Ghraib and Guantanamo. The abuse that prisoners experienced was extremely intense and dreadful however it was normal for those acquainted with U.S. prisons. Through history there has been degrading treatment of prisoners in the United States. A federal Judge in California found a sequence of staff beating, assault and brutality in Pelican Bay Prison in 1995 and was dealt with by large corrections officials. Some prisons tolerate nudity in front of other prisoners, such as Research Report Page 3 of 7

4 Middle School Model United Nations th May 2015 in Pennsylvania they are asked to remove their clothes in front of other inmates and these acts violate the standard minimum rules of the treatment of prisoners and human rights. China In China, often citizens have been captured and held captive in prisons for long periods of time in secret and this issue is recognized by the name of Black Jails. The works in Black Jails violate the prisoner s human rights with both mental and physical abuse. Burma In Mandalay Division s Ohbo prison, prisoners still continue to be mistreated and have to perform hard labor. This still continues to occur even though Burma has improved and gained political freedom. There are about 44 prisoners that are still being incarcerated in jail. Mostly women and political prisoners are held in one of the 38 prisons in Burma. India, Indonesia, and Nigeria India, Indonesia, and Nigeria are LEDC (less economically developed countries, therefore it's harder for them to maintain the prisoners human rights. They don t usually have enough resources to build good prisons and is why they re prisons are lacking necessary features, for example a health care department. It s common for Tuberculosis and HIV/AIDS to spread among the prisoners of LEDC countries such as Nigeria. In these developing countries, UN officers are undergoing training with those who work in prisons to improve treatment of prisoners. Human Right Watch This organization does not tolerate and disagrees with any sort of mistreatment towards prisoners. Human Right Watch s mission is to make sure that Prisons are not violating and follow the standard minimum rules of the treatment of prisoners and human rights. World Organization against Torture World Organization against Torture is an organization that was created in It s mission is to combat torture, executions, enforced disappearances and inhuman & degrading treatment. World Organization against Torture is one of the most important Non-Governmental Organizations that is working to protect and promote human rights globally. Page 4 of 7 Research Report

5 Timeline of Events Date December 10, 1948 August 12, June 22 nd 2006 Description of event The Universal Declaration of Human Rights is adopted. It consists of thirty articles, which grant for the first time in history rights to which all human beings are entitled. The third Geneva Convention implemented rules regarding war prisoners. The rules contained Prisoner s Rights and comprehensive regulation for their treatment. United Nations Congress on the Prevention of Crime and the Treatment of offenders implement The standard minimum Rules for the Treatment of Prisoners. The International Convention on the Elimination of All forms of racial Discrimination was implement by the United Nations. The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman, or degrading Treatment or Punishment was adopted by the General Assembly. The United Nations Commission on Human Rights, in resolution 1985/33 Accounts (reports and graphic pictures) of abuse, torture and violence against prisoners by American Military personnel in the Abu Ghraib prison in Iraq were recognized. Amnesty International delivered a report analyzing US treatment of prisoners in Guantanamo, Afghanistan, and Abu Ghraib. The Optional Protocol enters into force because prisoners were being abused in Abu Ghraib. Relevant UN Treaties and Events Standard Minimum Rules for the Treatment of Prisoners, 31 July 1957 (Resolution 663 C I (XXVI). Torture and other cruel, inhuman or degrading treatment or punishment, 18 December 1982 (A/RES/37/193). Basic Principles for the Treatment of Prisoners, 14 December 1990 (A/RES/45/111). Standard Minimum Rules of the Treatment of Prisoners, 20 December 2012 (A/67/458). Research Report Page 5 of 7

6 Middle School Model United Nations th May 2015 Previous Attempts to solve the Issue Standard Minimum Rules for the Treatment of Prisoners 663 CI (XXIV) (31st July 1957): The target of the Standard Minimum rules for the Treatment of Prisoners 663 CI (XXIV) that was implemented in 31st of July 1975, is for rules in the resolution to be applied globally to absent discrimination on the many grounds such as religion, race, nationality and so on. Declaration Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (9th of December 1975) The United Nation General Assembly adopted this declaration. It states that any act of torture or other cruel treatments were an offense to human dignity and a critical violation of human rights. Tolerating torture must be present in each state and included specific exceptions, in example state of war or public emergency. Model Agreement on the Transfer of Foreign Prisoners and Recommendations on the Treatment of Foreign Prisoners, resolution 40/32 (26th August 6th of September 1985): Adopted by the Seventh Crime Congress, Milan, this resolution was endorsed by the General Assembly. It states that an offender who has committed a crime abroad to their home country should return to their home country. The same rights apply to foreign prisoners are eligible for alternative measures to imprisonment as the nationals. Standard Minimum Rules for the Administration of Juvenile Justice, resolution 40/30 (29th November 1985): This resolution was adopted by the General Assembly on the recommendation of the seventh Congress. It calls upon advancing juveniles well-being with factors such as the mobilization of resources, and giving more sufficient attention with a positive measure. Possible Solutions It is important for prison administrations in all countries to ensure the right to good health for every imprisoned individual by providing medical care and establishing conditions that promote the wellbeing of both prisoners and prison staff. Prisoners often have pre-existing health issues that may have been caused by abuse or their previous lifestyle. Therefore, they have the fundamental right to enjoy good physical and mental health, and must be entitled to regular medical care, which is equivalent Page 6 of 7 Research Report

7 to the care that is provided in the wider community. When a state deprives individuals of their freedom, it takes on a responsibility to look after their health. It is vital to realize that an individual s health reflects their actions, and affects how they behave and are able to function as members of the community, especially as members of a closed community of a prison. Bibliography Anti-Torture Initiative,. "Standard Minimum Rules". N.p., Web. 20 Feb History.org,. "Cruel And Unusual: Prisons And Prison Reform : The Colonial Williamsburg Official History & Citizenship Site". N.p., Web. 20 Feb Hrw.org,. "Human Rights Watch World Report 2002: Special Issues And Campaigns: Prisons". N.p., Web. 20 Feb Hrw.org,. "Human Rights Watch World Report 2002: Special Issues And Campaigns: Prisons". N.p., Web. 20 Feb SYRIA NEWS ZAMAN ALWSL,. "Ngos: Syrian Women In Male Prison Being Mistreated Worse Than The Men SYRIA NEWS ZAMAN ALWSL". N.p., Web. 20 Feb Thegrenadarevolutiononline.com,. "Prisoner Treatment Prisonertreatment.Html". N.p., Web. 20 Feb Un.org,. "A/RES/37/193. Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment". N.p., Web. 20 Feb Un.org,. "A/RES/45/111. Basic Principles For The Treatment Of Prisoners". N.p., Web. 20 Feb Un.org,. "United Nations Official Document". N.p., Web. 20 Feb Washingtonpost.com,. "Abu Ghraib Tactics Were First Used At Guantanamo". N.p., Web. 20 Feb Research Report Page 7 of 7