Abstract
Punishing the criminals is one of the criminal justice mechanisms to compensation and reparation for victims and society. In this regards some of the punishments are determined by criminal justice systems in every society. Imprisonment is one of these penalties which specified in this regard and through this punishment the convicted persons are detained in prison. However, the guilty is sentenced to prison and restriction of his or her liberties, but she or he has fundamental rights and freedoms that must be protected even if in prison and has the right to how to be punished. All of these rights and freedoms are protected by the rule of law. This issue means that how to be punished is restricted under the definite principles which have to be exercised when the retribution and punishment is ongoing. This matter of criminal law and criminal justice is considered as right on how to be punished. The area of this right and authority of prison’s heads and its personnel is determined by law. In order to do that and protection of prisoner’s human rights and regulating manner with them and also for prison management, the rule of law provided a set of guidelines. According to these guidelines prison is managed in the legal framework as well as in this context the prisoner’s rights are protected effectively. These guidelines are provided in some of international legal instruments. This article investigates these guidelines and in respect of their human rights aspects which related to the environmental, educational, management, health care, personnel and humanistic dimensions of imprisonment these guidelines and instructions are studied and analyzed.
Highlights
An offender who is sentenced to imprisonment, his or her punishment is just imprisonment the punishment should not deprive him/her of his/her rights and other human rights must be protected under the auspices of definite law
In order to protect the rights of persons sentenced to incarcerate, international organizations and specialized institutions in the field of international criminal law and human rights organizations have attempted to prepare a list of the guidelines according to the rule of law lessons that the human rights of prisoners can be protected under them
This article firstly examines the concept of the rule of law and its general instructions and study the international legal sources of the rule of law guidelines related to human rights in the prisons affaires, review these guidelines and discussed these issues in different sections through classifying them on the basis of indicators and instructions which provided by the United Nations
Summary
An offender who is sentenced to imprisonment, his or her punishment is just imprisonment the punishment should not deprive him/her of his/her rights and other human rights must be protected under the auspices of definite law. The duration of imprisonment shall be passed on the basis of the legal principles and under the rule of law and prison management, personnel duties and activities of the Bureau of prisons must be based on it In this regard, and in order to protect the rights of persons sentenced to incarcerate, international organizations and specialized institutions in the field of international criminal law and human rights organizations have attempted to prepare a list of the guidelines according to the rule of law lessons that the human rights of prisoners can be protected under them. This article firstly examines the concept of the rule of law and its general instructions and study the international legal sources of the rule of law guidelines related to human rights in the prisons affaires, review these guidelines and discussed these issues in different sections through classifying them on the basis of indicators and instructions which provided by the United Nations
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