Rights Of Prisoners Research Articles

Implikasi Over Kapasitas di Lembaga Pemasyarakatan Kelas IIA Samarinda Ditinjau dari Konsep Penologi

This study aims to identify, describe, analyze, know and understand the impact and fulfillment of the rights of prisoners against overcapacity in Class II A Samarinda Penitentiary based on the Penology perspective. By using a social legal research approach and a normative legal approach. The data source collection technique uses primary legal data, secondary legal data and tertiary legal data related to the problems studied. The results of the study indicate that first, the impact of overcapacity of Class II A Samarinda Penitentiary on the rights of prisoners reviewed from the Penology concept is the increasing risk of violations containing criminal elements, causing new suffering, sanitation and unhealthy lifestyles. Second, the ideal effort to fulfill the rights of prisoners against overcapacity in Class II A Samarinda Penitentiary is to take preventive measures, namely by approaching inmates in the dormitory and repressive measures, namely imposing disciplinary penalties according to the type of violation committed.

Human Rights in Japanese Prisons: Reconsidering Segregation as a Disciplinary Measure

Human Rights in Japanese Prisons: Reconsidering Segregation as a Disciplinary Measure

The Application of Reality Counseling as an Effort to Increase Prisoners' Resilience in Facing Negative Community Stigma

This research is about prisoners experiencing mental disorders due to the existence of rules and laws in the community environment, which creates a negative public perception of convicts. This research aims to provide information to the general public about the magnitude of the negative stigma received by prisoners and the importance of eroding this stigma, because of the various negative impacts caused. Apart from that, this research will also comprehensively examine how big the role of reality counseling is in increasing resilience for prisoners, as well as how urgent is the counselor’s role in the resilience process. This research uses a literature study method to examine the issue of protecting the human rights of former prisoners against the negative stigma of the general public and specifically looks at Law No. 39 of 1999 concerning Human Rights. The results of this research show that there are several approaches to responding to this problem, namely the reality counseling method which acts as a means of restoring the self-confidence of former prisoners. Keywords: prisoners, reality counseling, stigma

Analysis of Robert K. Merton's Adaptation Typology in the Implementation of Social Reintegration Program of Correctional Client

This study investigates the social reintegration programs for correctional clients at Sintang Correctional Center in Indonesia, utilizing Robert K. Merton's adaptation typology to analyze the pathways of ex-prisoners during their reintegration process. Emphasizing the rights of prisoners as outlined in Indonesian law, the research highlights the significance of effective community guidance in mitigating recidivism and facilitating successful adaptation. Through qualitative method toward 20 correctional clients, the study identifies the challenges faced by ex-prisoners, including economic hardship and societal stigma, which impede their reintegration efforts. The educational backgrounds of respondents reveal a concerning lack of higher education, further limiting employment opportunities. The community guidance program, structured in three stages those are early, advance, and final stage which aims to enhance the quality of life for these individuals. However, findings indicate that a majority remain engaged in case work rather than group activities, suggesting areas for program improvement. By applying Merton's typology, the study categorizes clients' adaptation experiences into Conformity, Retreatism, and Innovation, illustrating the diverse strategies employed by ex-prisoners in navigating their reintegration. The findings underscore the necessity for comprehensive community support systems that address the multifaceted challenges faced by correctional clients, ultimately aiming to reduce recidivism and promote successful societal reintegration. Future recommendations include enhancing educational and vocational training opportunities and fostering community acceptance to improve reintegration outcomes.

The fall of a guaranteed culture in the production of law

This contribution intends to follow the "red thread" of a gradual and constant "devaluation" (in Spain) of the alleged guarantor paradigm of prison criminality. Despite the constitutionalization (in 1978) of the status of persons deprived of liberty, such devaluation has been occurring both in the field of law production and at the time of its interpretation and application. But in the last decade, this devaluation or reduction of the rights of prisoners has not only been accentuated, but a progressive process of "administrativization of penitentiary law" seems to have become naturalized which, by way of regulating the most important aspects of the life of prisoners (isolation, coercive restraints, penitentiary work, etc.), in simple ministerial orders, prison administration circulars and daily practices, has been demonstrating a marked departure from the principle of legality and the rule of law. This Paper investigates all this through the dramatic example of the so-called "mechanical restraint" of prisoners. This trend nullifies the democratic sense of punishment, its parliamentary debate, its judicial control and returns to a "prison autonomy" that must be investigated.

GENDER, SEXUALITY AND RACE IN THE ANALYSIS OF PRISONERS' RIGHT TO INTIMATE VISITS

This article analyzes the prison sentence in Brazil, focusing on its implications for the rights of prisoners, especially the right to intimate visits. Although the sentence is intended to deprive the freedom of movement, it continues to impact other aspects of the individual's life, including their family relationships and sexuality. Brazilian law guarantees the right to visits, but does not explicitly provide for the right to intimate visits, creating a gap that undermines the full social reintegration of prisoners. Based on existing regulations, such as the Penal Execution Law and resolutions of the National Council for Criminal and Penitentiary Policy, the text discusses the importance of intimate visits for the emotional and social well-being of prisoners. Despite the advances promoted by Resolution No. 04/2011, which includes the LGBT population in intimate visits, the lack of a clear legal provision continues to generate uncertainty. The article argues that the sexual rights of prisoners should be recognized as fundamental, arguing that deprivation of liberty should not extend to sexuality. The analysis concludes that, in order to ensure the full exercise of prisoners' sexual rights, it is imperative that the State not only recognizes, but also facilitates and effectively regulates the right to intimate visits, guaranteeing dignity and respect for the individuality of those in custody.

교정시설의 지역사회 수용태도의 영향 요인

The overcrowding and aging of correctional facilities must be seriously addressed in order to protect the human rights of prisoners and the safety of the public, and it is currently necessary to relocate existing facilities or build new ones every year in order for Korean correctional facilities to fulfil their role. However, new construction and relocation has not been carried out in a timely manner due to ongoing local opposition to the siting of correctional facilities. This study was conducted to investigate the attitudes of residents in neighborhoods without correctional facilities and to identify factors that influence their acceptance of correctional facilities. Specifically, based on the results of the literature review, the following variables were identified as factors that directly or indirectly influence residents' attitudes: local image damage, trust in government, need for facilities, and fear of crime. The relative magnitude of their influence was compared, and policy implications related to the siting of correctional facilities were suggested. The study found that residents' perceptions of a correctional facility being located in a neighborhood are negatively related to the perceived damage to the neighbourhood's image, and that higher perceptions of fear of crime are positively related to the perception of siting of a correctional facility. However, the more residents perceive the need for correctional facilities, the more negatively they perceive the community location of correctional facilities, which can be interpreted as a confirmation of the NIMBY phenomenon suggested by previous studies. And policy suggestions and limitations are presented.

Disability rights and disability justice in prison: the limits of state-protected rights and the possibilities of mutual support

Disabled persons are grossly overrepresented among incarcerated persons in U.S. prisons and likely to continue to grow as a group. Prisons are increasingly responsible for protecting the rights of incarcerated persons with disabilities, which includes the provision of accommodations and care. On the basis of thirteen qualitative interviews with persons with disabilities, personal care assistants, and others in a California state prison, the research subjects not only revealed the limits of disability rights in prison, but ways in which corrections officers used accommodations and personal assistance as means of harassing disabled inmates. Despite the failure of rights, persons with disabilities and their allies found ways to access care through mutual relationships and informal networks. This finding supports a disability justice perspective that argues that argues state-sponsored rights have failed specifically marginalized persons with disabilities, but also argues that disability emancipation can be found through peer-based mutual care.

Prisoner's Rights in Somalia Law and International Law: Comparative Analysis

The article, titled "Comparative Analysis of Prisoners' Rights in Somali Law and International Law," seeks to investigate the compatibility of Somalia's domestic legislation with prevailing global standards, treaties, and principles relating to the rights of prisoners. The research methodology utilized in this study is qualitative, with a specific focus on document analysis, the researcher considers this method is regarded more reliable than alternative methods due to its precise interpretation of legal content. Existing literature on Somalia's prison facilities reveals substandard living conditions that do not meet international benchmarks, encompassing issues such as inadequate food and water quality, poor sanitation, legal system uncertainties, and insufficient mechanisms for monitoring prison conditions; therefore, this study will address the gap in comparing prisoner rights at the national and international levels where such a comparison is currently lacking. Since the establishment of the United Nations in 1945, numerous conventions aimed at protecting human rights, including those of prisoners, have been established at the international level. These include the Universal Declaration of Human Rights in 1948, the International Covenant on Civil and Political Rights in 1966, the Convention against Torture in 1987, the Kampala Declaration in 1996, and the Nelson Mandela Rules in 2015. These conventions emphasize that prisoners possess inherent human dignity, deserve better living conditions, and have the right to education and employment. International mechanisms are in place to safeguard prisoners' rights, a commitment mirrored in Somalia's national laws. However, unlike international law, Somalia's national legislation does not strongly emphasize the prohibition of torture and the use of solitary confinement as a last resort for disciplinary measures.

International standards for the protection of the rights of convicts and prisoners

International standards for the protection of the rights of convicts and prisoners

Legal Protection of Female Inmates in Pregnancy, Childbirth, and Breastfeeding in Correctional Institutions

This research aims to analyze the condition of imprisoned women who are pregnant, giving birth, and breastfeeding within correctional facilities by examining the relevant regulations and case observations. This research uses a normative-empirical approach. This research is conducted by reviewing literature data supported by the studied cases. The data obtained are analyzed by qualitative methods and presented descriptively. The conclusions of the research are: 1) The rights of these prisoners are not fully met. There is an imbalance in facilities and treatment among different prisons.2) The regulations on the rights of prisoners who are pregnant, giving birth and breastfeeding in Indonesian law are still inadequate and insufficient as outlined by international convention

The Attitudes of Muslims Towards Muslim Women In Prisons

The Prisons across the world are meant to serve the interest of the human society. This is to help the society punish its non-law abiding citizens. In the early societies the believed in revenge, torture, the removal of offenders from the midst of ‘good people’ and even execution were common. As civilization occurs, the idea of punishment, torture and even execution have been substituted with reform and transformation. This change was important by the rights of prisoners instituted by the United Nations. Base on the above information, the conditions of many prisons in Ghana as well as the prisoners are nothing to write home about. Prisoners’ rights and freedoms are always infringed upon of which Muslim Women Prisoners are most often the victims. This article sought to find out the attitudes of Muslims towards Muslim Women in the Prisons. It was among the main objectives of the work to find out, the attitudes of Muslims towards Muslim women in the Prisons, whether the Muslim women were accorded the right respect in society, especially after serving their prison terms, right to practice their religion, whether there was any religious education available to the Muslim women in the prisons, and find the general conditions in the Prisons. The work used qualitative methods. Questionnaires were administered to the Muslim women prisoners, Muslims, Islamic Scholars and Prison officers, in order to gather the data. The data was afterward analyzed. After the research, it was realized that Muslim women in the prisons had the chance to practice their religious duties. They also had religious education as well as visiting scholars. The conditions of the prisons were very bad and the inmates had insufficient food, water and medical care.

Practices in the Field of Disciplinary Liability of Convicts While Serving a Sentence of Imprisonment: Analysis of International Experience

The article examines the issue of international experience of disciplinary liability of persons sentenced to imprisonment on the example of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the European Prison Rules and other international acts, and also examines the experience of individual countries. The purpose of the study is to identify the main standards and "good practices" of applying disciplinary sanctions to persons sentenced to imprisonment. The relevance of the study is stipulated by the need to implement international standards in the penitentiary system of Azerbaijan, taking into account the latest monitoring data on the practice of applying disciplinary sanctions to prisoners. The study was carried out within the framework of comparative penology using the methodology of an integrated interdisciplinary approach to the issue under study. Based on the results of the study, the author identified the main prohibited practices: corporal punishment, placement in an unlit cell, deprivation or restriction of food and drink, forced labour, collective punishment of prisoners, any cruel, inhuman or degrading treatment; and permitted practices: warnings, reprimands, telephone access, prohibition of short-term visits, prohibition of shopping, prohibition of receiving parcels and correspondence, solitary confinement or solitary confinement as a last resort. The author also emphasises the rights of prisoners to information on the rules of conduct in the penitentiary institution, to participate in a disciplinary hearing and to appeal against a decision to impose a disciplinary sanction, which constitutes the scientific novelty of the study and areas for further research.

Respect for human rights in the Romanian penitentiary system. Good practices in international prison systems. Pro Universitaria Publishing House, Bucharest, 2024. Alexandru Petre

Respecting human rights in prison represents one of the most important issues when we speak about detention. The quality of prison life is depending on a series of factors, which can influence the behaviour of detainees. Romania is subject of criticism regarding the prison condition, with multiple convictions at European Human Rights Court and still the number of incidents are not higher than those happening in other countries with better detention conditions. The author presents the results of a research focused on the relation between prison service quality, detention condition and medical treatment of the inmates and their behaviour. The conclusion of his study complemented with the good practices identified at international level can represent a guide for improvement of practices and policies within prison service.

Ljudska prava i humanizacija izvršenja kazni u historiji Zapadnog Sibira

The purpose of the study is to compare the Prison Reform of 1879 carried out in Russia with the requirements of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations in 1955. The study was conducted on the example of the Tobolsk prison complex of the late XIX – early XX centuries, based on practically achieved results. The sources of the study were the materials of the State Archives of the Tyumen, Omsk, Tomsk regions, as well as the State Archives of the Russian Federation. The methodological basis of the study combines two approaches: modernization and civilizational, using two methods: comparative historical and actualization. The scientific novelty of the work lies in a new look at the Prison Reform of 1879 through modern European standards of the rights of prisoners. The results of the Prison Reform of 1879 were compared with the requirements of the UN on the following grounds: prohibition of discrimination, protection of religious rights, compilation of a register of prisoners, their breakdown into categories, sanitary conditions and nutrition, education, libraries, recreation, work and work of prison inspections. The comparison showed that at the turn of the XIX – XX centuries, the Tobolsk prison complex (“Prison Castle”) was an advanced penitentiary institution of that time, not only generally conforming to European standards of the mid-XX century, but partly surpassing them. The Russian government planned to extend the achieved experience to other places of detention, but the process was interrupted by the revolution of 1905-1907. The results of the study showed that in Russia, the humanization of imprisonment was based not only on the principles of utility and rationalism, but in many respects – on Orthodox ideas of mercy, therefore, initially coincided with future European standards. Meanwhile, some reform measures turned out to be premature, as they were carried out in conditions of exceptional poverty of the rest of the Russian people and the absence of the concept of “human rights” in their lives. This contradiction became one of the links in the system of socio-economic problems that eventually led Russia to revolution.

SOCIAL DEATH: The Impact of the Deprivation of Voting Rights on Incarcerated Populations

This descriptive article aims to analyze the effects of restricting the right to vote for people deprived of their liberty, already socially excluded and stigmatized due to their condition, in denying the individual’s exercise of citizenship, resulting in an increase in crime. In the first chapter, through the hypothetical-deductive methodology, based on a systematic bibliographical review of primary and secondary sources, the paper gathers and analyzes the literature and existing legislation about political rights of prisoners in the Brazilian context and their restriction hypotheses. In the following topic, in addition to the aforementioned methodology, data were presented on the scenario of the Brazilian prison system, using quantitative empirical research, with secondary sources, to elucidate the scenario of mass incarceration and outline hypotheses, as well as statements about the logic of the punitive system and the growth of criminal factions. Finally, in the last chapter, through the hypothetical-deductive methodology of bibliographic review, the need for state action was highlighted, using public policies, to comply with the dictates contained in the 1988 Federal Constitution, expanding the citizenship of prisoners through voting, promoting social inclusion.

Exploring the Nexus of the Rights of Undertrial Prisoners in India with Emphasis on the BNSS(Bharatiya Nagarik Suraksha Sanhita) 2023, and the United Nations' Role"

In India persons who are detained in jail while awaiting trial on criminal charges are referred to as under-trial prisoners.. How does a system that claims to be equitable and justifiable explain denying freedom to its people based on the presumption of ‘innocent until proven guilty’? An efficient criminal justice system must unavoidably guarantee that those who are accused get a fair trial for the crimes they are allegedly guilty of. This article looks forward to embracing the adaptation of a new approach towards prolonged incarceration in jails to recognize the rights of undertrials by analyzing the proposed changes under the Bharatiya Nagarik Suraksha Sanhita 2023. In a comparable situation to the indigents wealthy people are impoverished to secure their freedom so why does the system of bail create prejudice based on economic discrimination? This article highlights the rights of undertrial prisoners mainly on humanitarian grounds internationally on the roles of the United Nations that enshrined the Right to personal liberty and the right to equality related to non-discrimination based on economic grounds. Because different groups have objectively different social ideals and social behaviours, the poorest and least fortunate members of society typically pay a disproportionate part of the socioeconomic consequences of crime.

Granting the Rights of Prisoners to the Treatment of Fellow Prisoners in Class I Medan Detention Centre

Granting the Rights of Prisoners to the Treatment of Fellow Prisoners in Class I Medan Detention Centre

Implementation of the Right to Remission for Prisoners of Narcotics Abuse in Lapas 1 Medan

This research aims to find out the fulfillment of remission rights for narcotics abuse inmates in Lapas 1 Medan. Prisoners who have rights that are protected from human rights and which are regulated in Law Number 12 of 1995 concerning Corrections in Article 14 paragraph (1) explains the rights of prisoners, one of which is the right to get remission. Remission is the right of every prisoner that must be fulfilled. However, Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning Conditions and Procedures for the Implementation of Rights and Prisoners of Corrections tightens the granting of remission to prisoners of narcotics crimes.

Bezárva és kizárva

Aim: The aim of this study entails the examination of the rights of prisoners to use and access the Internet, based on the case law of the European Court of Human Rights. A further objective of the study is to analyse the fundamental rights aspects of Internet access, in particular in the framework of the relevant EU law, and to interpret the phenomenon of the digital divide in relation to prisoners. Methodology: The study is primarily based on the review of the pertaining literature and legal materials. In addition, three case studies are included in the research, inter alia to allow the findings of the literature to be interpreted in the context of jurisdiction. Findings: The research concludes that prisoners’ access to the Internet should be studied in accordance with fundamental rights, including Article 10 of the European Convention on Human Rights. With regard to the digital divide, it is concluded that restricting prisoners’ access to the Internet may lead to the expansion of the digital divide, potentially hampering prisoners’ reintegration. Also of particular relevance to the findings is the demonstration that the polemics surrounding prisoners’ right of access to the Internet can be localised at a territorial level – in particular, the Baltic States and Turkey are affected. Value: The study is a useful contribution to the literature on the digital divide in Hungary, especially to the legal reception of the phenomenon. The study’s approach, combining theory and practice, is useful both for domestic legal practitioners and for researchers conducting interdisciplinary research on EU law and fundamental rights.