Rights Of Prisoners Research Articles

Violation of the standards of international humanitarian law in the conditions of russian armed aggression

The article addresses the issue of the ineffectiveness of norms of international humanitarian law during modern armed conflicts, the content of certain norms of the Geneva Conventions with the aim of improving the international legal regulation of the status of victims of armed conflicts. An analysis of international legal acts and national acts adopted in Ukraine after the introduction of martial law in Ukraine, which are aimed at improving the status of victims of the armed conflict, has been carried out. Attention is drawn to the fact that the russian-Ukrainian war qualifies as an international armed conflict, in which, in accordance with the norms of international humanitarian law, the combatants are given the status of prisoners of war. At the same time, russia grants them the status of “persons opposing a special military operation” without guaranteeing the protection of the rights of prisoners of war, does not distinguish the status of civilians in an armed conflict, which is a significant violation of the norms of international humanitarian law. It is proposed to adopt the conventional norms of international humanitarian law in terms of regulating the exchange of prisoners of war.Different definitions that denote certain vulnerable categories of the civilian population during an armed conflict are analyzed in relation to the definition of “indirect victims of an armed conflict”. Proposals for the creation of a coordinating body that would take care of the issues of indirect victims of the armed conflict, the development of an effective compensation mechanism for destroyed or damaged property during armed aggression, and the determination of the legal status of persons who have been deprived of personal freedom as a result of armed aggression against Ukraine are supported. Today, international and national legislation is clear on the appointment - who should be taken into account by the persons who suffered in the wake of the violent aggression. It is concluded that the norms of international humanitarian law need to be updated and revised for their future observance and implementation by all subjects of international law.

Implementation of the Fulfillment of the Rights of Female Prisoners in Class II b Sukabumi Correctional Institution

Background. Human rights are rights that must be fulfilled and realized by everyone without exception, including prisoners in correctional institutions who are serving a sentence. Prisoners in correctional institutions are part of society in general, as humans they have rights that must be upheld by the law and government. Purpose. Female prisoners are different from men in terms of physical, psychological and psychological. Female prisoners also have natural rights that must be lived such as menstruation, pregnancy, childbirth and breastfeeding. So that female prisoners must receive special treatment. Method. This type of research is a type of field research (field research) using an empirical juridical approach, namely a research that deductively starts from analyzing the articles in the applicable laws and regulations linked to the facts in the field. The nature of this research is descriptive analytical about the fulfillment of the rights of female prisoners in the Class IIB Correctional Institution Sukabumi. Results. The results of this study indicate that the implementation of services to fulfill the rights of female prisoners has not been carried out properly due to various obstacles such as the quality and quantity of correctional officers who have not been fulfilled proportionally Conclusion. as well as facilities and infrastructure that are still not good and limited so that the fulfillment of the rights of prisoners cannot be done optimally.

Responsibility for Fulfilling the Rights of Women Prisoners

The purpose of this study is to review the implementation of government responsibility for fulfilling the rights of women prisoners at the Class IIA Watampone Correctional Institution. The type of research used is qualitative, using an empirical juridical approach, namely analyzing the articles in the applicable laws and regulations related to legal facts in the field. The results showed that the government's responsibility for the fulfillment of the rights of women prisoners at the Class IIA Watampone Penitentiary has not been fully effective due to several indicators of weak performance achievement, namely facilities and infrastructure that are not yet feasible due to budgets that are not yet human rights-based so that room facilities are still overcapacity. Health clinics and medical personnel are only permanently recruited at the Class IIA Watampone Penitentiary. As a result, the fulfillment of the rights of women prisoners still needs to be improved and optimal as mandated by Law Number 39 of 1999 concerning Human Rights and Law Number 12 of 1995 concerning Correctional Institutions (LAPAS).

ANALISIS KUALITAS PELAYANAN TERHADAP NARAPIDANA PENYANDANG DISABILITAS BERDASARKAN HAK ASASI MANUSIA DI LEMBAGA PEMASYARAKATAN

Every human being has rights that must be respected and considered, especially human rights. This includes prisoners with disabilities. Fulfillment of the rights of prisoners with disabilities should be given more attention. Correctional institutions play an important role in the criminal justice system, especially in the prisoner development program. In this case, of course, there are various obstacles faced, especially in coaching procedures, prison facilities, coaching facilities and infrastructure, as well as the competencies possessed by officers who provide guidance. This shows the importance of support from various aspects so that the Correctional System can run well and as expected. When these obstacles can be overcome, the social reintegration process which is the ultimate goal of the Correctional System can run optimally. Prisoners with disabilities themselves also get a positive psychological impact, namely they will not feel discriminated against and their rights will be more concerned.

Historical Analysis of the Development of Prisons in India: Human Rights in Retrospect

The prison system is crucial to administering criminal justice and maintaining peace in society. Indian prisons have a long history dating back to the ancient and modern eras. It remains a travesty of the Indian criminal justice system to manage and administer prisons, particularly during the medieval and modern periods. Even the current prison conditions are woeful, requiring a change in the system. The first prison reformation in India began under Lord Macaulay in 1835. Human rights for prisoners have been vehemently advocated and protected by the Indian Constitution and Judiciary. Because of these factors, human rights movements related to prisoners have continued to grow in India. In this article, the authors analysed the evolution of the prison system in India through the lens of human rights.

NARAPIDANA TINDAK PIDANA NARKOTIKA: MENYOAL PELAKSANAAN PEMBEBASAN BERSYARAT DI LEMBAGA PEMASYARAKATAN

One part of the prisoner development in the correctional system is parole. Narcotics crime is a complex crime because of narcotics crime, the perpetrator can also be a victim. The best guidance for prisoners is returned / integrated into society and not isolated with iron bars. Based on research conducted by the author at the Class IIB Sukabumi Correctional Institution, the number of narcotics offenders is more than one-third of the total number of prisoners. The implementation of parole for prisoners of narcotics crimes related to Government Regulation Number 99 of 2012 concerning Conditions and Procedures for the Exercise of Rights for Prisoners is considered to have been successful. But on the other hand, the implementation of this parole has several obstacles, including the existence of different rules in the issue of parole, the lack of concern of related agencies that still emphasize their respective policies, procedural policies in the process of granting parole for narcotics-related crimes Regulations that take a very long time.Keywords: drug crimes; correctional institutions; conditional discharge

Relations of the State Criminal and Executive Service of Ukraine with Religious Organizations

The article examines the main principles and forms of relations between the State criminal and executive Service of Ukraine and religious organizations. The role of religion in the correction and resocialization of convicts is highlighted. The principles and forms of involvement of religious organizations in working with convicts are considered. The international and Ukrainian regulatory framework, which regulates the activities of religious organizations in penal institutions and providing for the religious needs of prisoners, has been analyzed. It was concluded that Ukrainian legislation and state policy as a whole contribute to ensuring the rights of religious prisoners and meeting their religious needs. Problematic issues in this field and prospects for the development of relations between the penitentiary system and the church are identified.

International standards for the protection and observance of the rights of prisoners of war

The main international standards for the protection and observance of the rights of prisoners of war and the legal acts that regulate them were considered. It was revealed that the main international standards regulating the protection and observance of the rights of prisoners of war include: Geneva Conventions, Additional Protocol to the Geneva Conventions, Statute of the International Committee of the Red Cross, UN Resolution on the Protection of Human Rights in Counter-Terrorism, Art. 3 of the Universal Declaration of Human Rights, the UN Convention against Torture and other legal acts. Within the framework of the UN, there are also a number of resolutions aimed at protecting the rights of prisoners of war. The application of international standards regarding prisoners of war forms a system of international humanitarian law. Existing international standards and national laws and policies are aimed at the safety, health and wellbeing of military personnel, as well as at preventing violations of their rights during armed conflicts. It was determined that the Geneva Conventions set the minimum standards for the treatment of prisoners of war and civilians who are in the hands of the enemy during an armed conflict. Requirements for the maintenance of prisoners of war include: requirements for food, compliance with hygiene standards, the provision of the right to receive education and many more rights for prisoners, as well as requirements for the prevention of cruel treatment, humiliation, etc. The main principles are the principles of humanity, non-discrimination and reciprocity. Court cases regarding prisoners of war are decided in the Nuremberg and Tokyo courts, and there are no other special courts for the military. Currently, a number of problems have been identified with respect to the treatment of prisoners of war. Unsolved problems require finding new ways to solve them and improve the treatment of prisoners of war in the world.

EFEKTIVITAS PERAN LEMBAGA PEMASYARAKATAN DALAM UPAYA PEMBINAAN NARAPIDANA DITINJAU DARI UNDANG-UNDANG NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN

Correctional Institution is a place to carry out coaching for prisoners and Correctional Students which is carried out using the correctional system. This study aims to (1) determine the effectiveness of the role of correctional institutions in the efforts to foster convicts in terms of law no. 22 of 2022 concerning correctional (2) determines the implementation of coaching in Class IIA Bekasi Penitentiary for convicts who are sentenced to light crimes. The type of research used in this research is empirical juridical with the nature of descriptive research. This research was conducted at the Bekasi Class IIA Penitentiary. The data collection technique was carried out by using interviews and literature study techniques. The data collection method was processed qualitatively. The results of the research (1) determine the effectiveness of the role of correctional institutions in the efforts to foster convicts in terms of law no. 22 of 2022 concerning correctional facilities is not yet fully effective because in reality there are still convicts who commit repeated crimes. (2) knowing that the implementation of coaching in Class IIA Bekasi Penitentiary for convicts sentenced to light crimes has not been fully implemented properly, as evidenced by the fact that the rights of prisoners have not been fully fulfilled and some activities are not running optimally due to overcapacity of correctional institutions, not in proportion to the number training officers and convicts, as well as the lack of supporting facilities and infrastructure for coaching.

THE WAY OF ENFORCING THE CULTURAL RIGHTS OF PRISONERS IN THE POLISH AND HUNGARIAN PRISONS: THE ASPECTS OF CREATIVITY

Education in Polish and Hungarian penitentiaries aims at the successful social reintegration of prisoners. Penitentiary institutions support prisoners by education of primary, secondary, and vocational training. Forms of learning within prisons prepare prisoners for release and integration into the labour market. This study aims to review the most important concepts and possible interpretations of criminal pedagogy and the cultural life of prisons. We present the main cultural rights of prisoners (learning opportunities, community cultural opportunities) and their impact on prisoners, as well as highlighting the aspects that make prison a total institution. We present the goals of cultural life in prison and the current training process covering key areas. We state that cultural activities in prison are essential parts of reintegration, bringing prisoners closer to the cultural nature of the outside world. With this article, comparatively on the two countries, we would like to draw attention to the diversity and feasibility of cultural transmission for prisoners.

Universities, imperialism and the collective work ahead.

Universities, imperialism and the collective work ahead.

Pembinaan Khusus Narapidana Lanjut Usia di Lembaga Pemasyarakatan Kelas 1 Surabaya

Elderly prisoners are classified as a special vulnerable group because at that age they have decreased immunity and physical weakness so special treatment is needed. Correctional Institution must be able to fulfill the rights of elderly prisoners while they are serving their sentences. The purpose of this research is to find out the implementation of guidance for elderly prisoners and the obstacles faced by the Surabaya Class 1 Correctional Institution. The type of this study is empirical legal research. The results showed that the guidance for elderly prisoners at the Surabaya Class 1 Correctional Institution has not been running optimally.. This is due to budget constraints from the government, lack of human resources, insufficient infrastructure, the covid-19 pandemic, lack of support from the families of prisoners, and the difficulties of marketing the work products of prisoners. But with these obstacles, various kinds of efforts can be made to handle the problem

ANALYSIS OF THE IMPLEMENTATION OF CORRECTIONAL DATABASE SYSTEM (CDS) AT CLASS II NARCOTICSPENITENTIARY IN BANDAR LAMPUNG

The implementati o n o f the C o rrecti o nal Database System (CDS) based on the Regulation of the Minister of Law and Human Rights (Permenkumham) Number 39 of 2 0 16 aims to fulfillment of the rights of prisoners in prison. The purpose of this study are to analize the implementation of the CDS at the Class II Narcotics Penitentiary in Bandar Lampung and inhibiting factors for the implementation of the CDS at the Class II Narcotics Penitentiary in Bandar Lampung? The research using normative and juridical approach. The results of this study indicate that implementation of CDS at the Class II Narcotics Prison as an effort to ensure the fulfillment of the rights of prisoners in prisons has been implemented although it has not been maximized because inhibiting factors are still present. Implementation of CDS can help determine decisions such as in granting conditional leave, leave before release, parole, leave to visit family, because the calculation, registration and register f are included in it. These data are integrated between sections in the Class II Narcotics Prison in Bandar Lampung and are connected with other relevant agencies in fulfilling the rights of prisoners. The inhibiting factor for implementing CDS substantially is the sending of data from the Technical Implementing Unit to the Director General of Corrections which is still often illegible. In addition, there are still some prisoners whose files are incomplete from the Police and the Prosecutor's office which makes the remission proposal impossible. The technical obstacle is the unstable internet network so that it becomes an obstacle in providing services to the inmates. Keywords: Implementation of CDS, Rights, Prisoners.

Environmental Health Rights and Concepts of Vulnerability of Immigration Detainees in Europe Before and Beyond COVID-19

Abstract The global COVID-19 health emergency has radically changed detention spaces, by heightening state and provider obligations to provide humane conditions and protect those detained against disease and subsequent ill-health. Using a socio-legal lens, this policy and practice note focuses broadly on the balance of European immigration detention regulations, and the actual conditions and treatment of immigrant detainees, putting an emphasis on developments before and after COVID-19. The special protections afforded to detainees assessed as vulnerable is unclear in the Global Compact for Safe, Orderly and Regular Migration. While cognisant of aspects of legal positivism by outlining relevant legal provisions and extant European Court of Human Rights (ECtHR) jurisprudence where conditions of detention have violated Article 3, a socio-legal argument is presented around state obligations to protect the health of all immigration detainees; the challenges in using simplistic/categorical definitions of vulnerability; and the imperatives to broaden considerations to include health vulnerability in the context of contagion and future pandemics. By analogy extant ECtHR jurisprudence on the rights of prisoners relating to right to health and disease mitigation (human immune-deficiency, tuberculosis) may offer additional protections. Broad consideration of environmental health factors in light of threats of disease in detention spaces warrant further consideration when establishing the threshold of the severity of conditions and when assessing detainee vulnerability (not limited to age, gender or health status). A public health rights-based argument can shape effective immigration detention policy reform by enhancing protective parameters based on broad definitions of health vulnerability within immigration detention spaces.

Prisoner Lives Cut Short: The Need to Address Structural, Societal and Environmental Factors to Reduce Preventable Prisoner Deaths

Abstract The State duty to prevent preventable prisoner deaths is easy to state and substantiate. Yet prisoner death rates are increasing around the world and are often much higher than those in the community. To understand why this is happening, the findings and recommendations of the country reports of international oversight bodies and thematic reports from international rapporteurs are synthesised with contemporary rights-informed penal standards, multi-disciplinary scholarship, non-governmental organization reports and media extracts. On the basis of this knowledge, this reform-oriented article explores the impact of structural, societal and environmental factors on natural and violent prisoner deaths and how these factors operate cumulatively to create dangerous and life-threatening custodial environments. The paper makes recommendations to reaffirm and enumerate the positive obligation to protect prisoners’ lives, develop specialist standards, adopt a broader approach to prison oversight and create a specific United Nations mandate on prisoner rights.

Rights of prisoners and role of higher judiciary in humanizing Indian prisons: a critique

The prison has remained an ignored area for long time. The rights of the prisoners have also remained neglected for a very long time. Though there were various cases dealt by the India’s higher judiciary relating to rights of prisoners yet the same has remained obscured as the mainstream media does not cover the news related to prisoners’ rights until some celebrity is involved. In this paper, it is attempted to analyze the rights of the prisoners as recognized by the international law. The paper also analyses the role played by Indian higher judiciary in humanizing the prisons through various case laws in the context of the rights available to prisoners. This paper makes an analysis of the role of India’s Higher Judiciary in making the prisons a place where a prisoner can be treated and made fit to re-enter the society after release to lead an honest life. There have been many areas of challenges wherein the Courts have contributed to its improvement through its decisions and guidelines.

Imprisonment in Crime Control Efforts

Crime prevention in Indonesia is often related to criminal enforcement through the prison system as one of the criminal sanctions that is often used as a means of crime prevention in various categories. The study used normative juridicial research by performing library studies of legal and literature associated with the object of the study. The purpose of this study is to know the effectiveness of prison penal penalties in criminal policy , as well as problems in the implementation of imprisonment at the Correctional Institution. The results of the study conclude that the effectiveness of imprisonment will be reviewed from two main aspects of the purpose of punishment, namely first, the aspect of society's protection is very specific to society. Second, it is seen from an aspect of the improvement of the individual who focuses on improving the behavior of the perpetrators. Problems are often encountered in prison criminal executions at such correctional institutions: overcrowding in correctional Institution, the rise of new crimes in the penitentiary, the differences in correctional facilities, not fulfilling the basic rights of prisoners, lack of integrity guidance for the guards

Prisoner's rights -Remember, the yare humans too!

Prisoner's rights -Remember, the yare humans too!

Impacto da epidemia de COVID-19 na mortalidade em prisões

Abstract Purpose: to assess the impact of COVID-19 on the mortality of people deprived of their liberty (PDL) in the state of Rio de Janeiro and compare the rates observed with those of the general population. Method: quantitative, retrospective study combining the analysis of the 2016-2021 time series of annual mortality rates, cross-sectional study comparing 2016-2017 vs. 2020-2021 and analysis of individual data obtained from primary and secondary sources of information. The standardized mortality ratio between PDL and the general population was estimated for the cause of death categories. Results: historical series showed an annual drop (13%) in mortality from 2016 to 2019, a trend that was inverted in 2020 due to COVID-19, which was responsible for 20% of all deaths. Of the COVID-19 deaths, 54.8% were elderly and/or had co-morbidities. Mortality from COVID-19 was similar between PDL and the general population, but mortality from tuberculosis and HIV remained much higher among PDL. Conclusion: the pandemic was probably a determinant of the downward trend reversal in mortality between 2016 and 2019. Using mortality as an indicator of health and human rights in prisons by health, justice and civil society organizations implies the improvement of information about PDL in the SIM.

ENSURING THE RIGHT TO HEALTH CARE FOR GROUPS VULNERABLE TO HIV IN PENITENTIARY INSTITUTIONS AND PRE-TRIAL DETENTION CENTERS IN UKRAINE.

The aim: To consider the problems of penitentiary health care for groups vulnerable to HIV in penitentiary institutions and pre-trial detention centers in Ukraine, and to determine the state of implementation of the rights of prisoners to health care. Materials and methods: When writing this article, the authors used a number of scientific and special study methods: regulatory method, dialectical method, statistical method. We also conducted an anonymous survey of 150 released persons from penitentiary institutions and 25 medical workers from 7 penitentiary institutions and correctional colonies in different regions of Ukraine to assess the quality and availability of medical care for convicts vulnerable to HIV infection, tuberculosis, and viral hepatitis. Conclusions: The right to health-care of convicted prisoners must be ensured in compliance with the principle of free choice of specialist according to health-care law, health-care standards and clinical protocols (in other words, amount and standards of health-care available for prisoners must be the same as that available for other people). In practice prisoners are thrown out of the national health-care system, and the Ministry of Justice is unable to meet all needs. This can have a disastrous result as the penitentiary system will produce sick people who pose threat for civil society.