Unlawful Detention Research Articles

The impact of the COVID-19 lockdown on social and economic welfare in Uganda

BackgroundAs a measure to slow down the transmission of Coronavirus disease (COVID-19), governments around the world placed their countries under various stringent lockdown measures. Uganda is one of the countries that had a strict lockdown in Africa. This qualitative study explored the social and economic impacts of the COVID-19 lockdown in both an urban (Kampala) and rural (Wakiso) setting in Central Uganda.MethodsThe study used focus group discussions (FGDs), household interviews, and key informant interviews (KIIs). 14 FGDs were conducted among several stakeholders including community health workers, health professionals, and members of the community. 40 household interviews were conducted among low, middle, and high-income households, while 31 KIIs were held among policy makers, non-governmental organisations, and the private sector. Data were analysed thematically in NVivo 2020 (QSR International).ResultsFindings from the study are presented under six themes: family disruption; abuse of children’s rights; disruption in education; food insecurity; impact on livelihoods; and violation of human rights. The study found that the COVID-19 lockdown led to family breakups, loss of family housing, as well as increased both caring responsibilities and gender-based violence especially towards females. Children’s welfare suffered through increased child labour, sexual exploitation, and early marriages. The extended closure of schools led to delayed educational milestones, poor adaptation to home-based learning, and increased school drop-out rates. Increased food insecurity led to changes in feeding patterns and reduced food varieties. Livelihoods were negatively affected hence people depleted their savings and capital. Unlawful detention and beating by law enforcement officers increased during the lockdown.ConclusionFuture pandemic planning needs to consider the consequences of lockdown on the social and economic wellbeing of communities hence put in place appropriate mitigation measures during and after the outbreak.

Suspects' Rights to Demand Compensation for Unlawful Detention at Cirebon Police Station

Law enforcement is one of the efforts to achieve or create order, security, and tranquility in society, both as an effort to prevent and eradicate or enforce a violation of the law. Criminal offense is a term derived from the Dutch translation of strafbaarfeit. The word strafbaarfeit was later translated into various languages in Indonesian. Some words used to translate strafbaarfeit by scholars in Indonesia include criminal acts, delicacies, and criminal acts. The type of research the author uses is descriptive writing, which provides data that is as thorough as possible about humans, conditions, or other symptoms. The point is to reinforce the hypothesis to help strengthen the old theory or within the framework of compiling new theories. The results of this study showed that in 2017, there was one pretrial application, and the judge's decision showed that it was not granted, while in 2018, there was no pretrial application. In 2019, there were also no pretrial applications, while in 2020, there were two pretrial applications, and the judge's decision showed that one pretrial application was granted and one was not. Implementing the fulfillment of the rights of suspects demanding compensation for unlawful detention in Cirebon Regency has not been optimal.

Appraisal of Boko Haram Insurgency and Human Rights Violations by the Joint Task Force (JTF) in North-East Nigeria.

Human rights are the foundation of human existence. One of the greatest objective of the post-independence Nigerian Constitution is the protection of human rights. The 1999 Constitution (as amended), set the tone by dedicating itself to promote good governance and welfare of all persons on the principles of freedom, equality and justice. Despite the fortification of human rights by the 1999 Constitution and the International and regional instruments, Nigeria still faces widespread of human rights violations, particularly by the JTF in the North-East Nigeria, which ranged from extra-judicial killings, torture and forms of ill-treatment, enforced disappearance, rape and unlawful detention. The aim of the paper, is to examine the extent to which the JTF engaged in human rights violations. To achieve this, the paper adopted doctrinal methodology otherwise known as theoretical method consisting of consultation od statutory legislation, case laws, books, journal conference papers, magazine as well as internet materials both in printed form and electronic means. The findings revealed that the JTF engaged in serious human rights violations of the citizens. The paper recommends that the investigative penal report constituted by government to investigate and identify perpetrates of human rights violations among the JTF be made public and the perpetrates be brought to face justice.

АНАЛІЗ ДОТРИМАННЯ ПРАВ ЛЮДИНИ ПІД ЧАС РОСІЙСЬКО-УКРАЇНСЬКОЇ ВІЙНИ: ЦИВІЛЬНІ ЗАРУЧНИКИ – ВИКЛИК ДЛЯ ГЛОБАЛЬНОГО СВІТУ, ПИТАННЯ ВРЕГУЛЮВАННЯ

The article addresses the pressing issue of the illegal detention and sentencing of civilians within the context of the Russian-Ukrainian armed conflict, emphasizing the significant challenges posed by the lack of coherent international legal mechanisms to safeguard human rights. In-depth analysis reveals how this legal vacuum complicates the protection of civilian rights during conflicts, highlighting the specific difficulties in verifying abuses and holding the aggressor state accountable. The study explores the nuanced roles that various international and national organizations play in protecting civilians, particularly focusing on the strategic initiatives led by newly established working groups in Ukraine. These organizations and coalitions are crucial in advocating for and protecting the rights of detained civilians, emphasizing the necessity for international cooperation and robust legal frameworks to address and mitigate such humanitarian crises effectively. The absence of unified international legal standards for the treatment of civilians in conflict zones leads to significant challenges. The International Committee of the Red Cross in Ukraine, for instance, notes numerous complications in the detention processes, which depend heavily on the specifics of the charges and legal statutes applied. The status and rights of civilians detained by occupying forces are not adequately addressed by existing international laws, leading to a gap in legal protections and oversight. One of the major obstacles identified is the difficulty in gathering and verifying evidence related to illegal detentions. The conditions of armed conflict severely restrict access to detention sites, making independent and unbiased investigations almost impossible. This not only hinders the prosecution of the aggressor state but also limits the ability of international bodies to monitor and intervene in such situations. Additionally, the article discusses the strategic use of historical legal principles by the occupying powers, specifically the maxim "nullem crimen, nulla poena sine lege" — no crime and no punishment without pre-established law. This principle is exploited to avoid international accountability, allowing the aggressor to conceal their actions and evade international sanctions and legal repercussions. The Geneva Conventions and their Additional Protocols are examined as the foundational frameworks of international humanitarian law that explicitly prohibit any form of violence against civilians, including hostage-taking. However, the ongoing violations of these laws, particularly by the aggressor state, underscore the challenges of enforcing these international norms. The research highlights the urgent need for comprehensive approaches to address the plight of civilian detainees in conflict zones. This involves enhancing international legal standards and improving the coordination among international bodies to ensure the effective protection of human rights. The creation of working groups under the auspices of the Ukrainian Ombudsman exemplifies proactive measures taken to address these issues, facilitating dialogue and action to safeguard civilian rights and ensure compliance with international humanitarian law. In conclusion, the article calls for a concerted international effort to develop and implement more effective mechanisms to respond to human rights violations in conflict zones. Strengthening the legal and operational frameworks for protecting civilian populations not only restores fundamental human rights but also contributes to the broader goals of peace and justice in international relations. This comprehensive approach is vital for the long-term resolution of conflicts and the protection of vulnerable populations in war-torn regions. Key words: civilian hostages, armed conflicts, international law, human rights, unlawful detentions, international organizations, Ukraine, working group.

Response of the European Union on Return Directive and Readmission Agreements (RDRAs) on Nigerian Irregular Migrants

This study appraised the EU RDRAs on Nigerian irregular migrants and examined the challenges of RDRAs on Nigerian irregular migrants. The study made use of primary sources of data through in-depth interview conducted on EU delegation to Nigeria and ECOWAS, European External Action Service, Frontex, International Organisation for Migration, Idia Renaissance, Nigeria Immigration Service and the National Agency for the Prohibition of Trafficking in Persons. Findings from the study showed that two types of return directive exits; voluntary return and enforced return. Voluntary returnees are provided with Assisted Voluntary Return and Reintegration (AVRR) while enforced returnees are not provided with AVRR, and they are likely detained, escorted by the policemen through the back door and corridor of the airport and deported to Nigeria or transit countries. Findings from the study showed the challenges of RDRAs on Nigerian irregular migrants in that, most return carried out by the EU are not in compliance with the laid down regulation as some migrants are return to countries of transit. Moreover, the conditionality attached to readmission agreements are only applicable for high-skilled migrants, a situation described as brain drain for Nigeria and brain gain for the EU. The study concluded that EU RDRAs are restrictive in nature which provide escape routes for irregular migrants in European countries, and that lack of compliance on RDRAs are the results of unlawful detention of Nigerian irregular migrants by the EU as well as torture and abuse by the security officials and traffickers, a situation that violate human rights.

Ensuring access to justice: the need for community paralegals to end AIDS by 2030.

The HIV response has long recognized that certain "key populations" such as individuals in detention, adolescent girls and young women, sex workers, people who use drugs, LGBTQ individuals, migrants and others face higher barriers to access to, uptake of, and retention in HIV prevention and treatment services. One approach to addressing these barriers is the training of community paralegals to advocate for the rights of individuals and to address discrimination in health settings. Community paralegal programmes have been able to successfully address rights violations that impact access to health services and underlying determinants of health across a range of countries and populations, focusing upon issues such as discrimination and the denial of health services; unlawful detention of outreach workers, sex workers, persons who use drugs and men who have sex with men; and harmful traditional practices and gender-based violence. In addition to resolving specific cases, evaluations of paralegal programmes have found that these programmes increased legal literacy among key populations at risk of HIV and increased understanding of human rights among healthcare providers, resulting in improved access to HIV services. Some evaluations have noted challenges related to the sustainability of paralegal programmes similar to those raised with community health worker programmes more broadly. To achieve global HIV goals, funding for legal literacy and paralegal programmes should be increased and interventions should be rigorously evaluated. Efforts should target discrimination in access to HIV prevention and treatment and criminalization of key populations, two key barriers to ensuring access to HIV prevention and treatment services.

Forensic social anthropology: an Australian perspective

AbstractIf forensic physical anthropology is the science of biological processes and related medico‐legal investigations, then forensic social anthropology is the science of cultural processes and relatedsocio‐legal investigations. This article lays out the terms, definitions, and application of forensic specialization in social anthropology as it is practised in Australia. The objective of this exercise is to equip both physical and social anthropologists with a consilient model for the joint engagement of their parent discipline in legal proceedings where cultural processes are deemed relevant by a court or other legally empowered body. As demonstrated in Australia, the potential applications of forensic social anthropology range across a variety of matters involving both civil and criminal investigation. Such matters include systematic land expropriation, child removal, forced population movement, modern‐day slavery, unlawful detention, and other important social phenomena. The questionable legality of these kinds of phenomena is not isolated to Australia but is, rather, of international significance.

Unlawful detention as a special type of official malfeasance

Unlawful detention as a special type of official malfeasance

Official discretion, errors, and oversights: legal bureaucracy and the question of justice in twentieth-century India

AbstractLate colonial juridical practice in India was prone to bureaucratic errors and shared with the police a fundamental disinterest in the liberty of ordinary people. This article tells the politically marginal but highly revealing story of how a series of errors during the arrest and subsequent detention of an elderly man called Peter Budge—an innocent bystander in a situation of heightened communal tensions—led to a momentary scandal in the United Provinces administration in the year 1947–48. Peter's case disappeared between the cracks of bad record-keeping, leading to his lengthy and unlawful detention. It raises important questions about the complementary relation between law and violence, and the fictitious nature of public-order laws. In contrast to the scholarship that has discussed the spectacular violence of the state, this article looks at the ‘other’ acts of violence of the state and argues that the everyday reality of public-order enforcement is key to understanding the nature and operations of the late colonial and post-colonial state.

Analyzing the Situation of Demanding Debts by Illegal Means with Identification Case Analysis Method

In recent years, various kinds of crimes demanding debts have emerged one after another. Before the new crime of demanding illegal debts, the judicial practice in previous years was mainly regulated by the crime of robbery, the crime of unlawful detention, etc. First of all, we should define the “illegal debt”, and then analyze the act and act object in its objective elements. In the subjective elements, the intention of criminal intent should be based on the purpose of illegal possession, while the lawful purpose does not belong to the intention of criminal intent in the subjective elements of a crime.

THE EXERCISE OF POLICE POWERS AND ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS NORMS IN NIGERIA: AN APPRAISAL

The police have the duty of prevention, investigation and prosecution of crime in the society. In the course of their duties, conflicts arise between the law officers and the civilians. In Nigeria, the police are known for the abuse of legal processes and the right of the citizens often culminating at excessive use of force, unlawful detention and in extreme cases which is rampant extra-judicial killing. This paper gave an exposition of some international legal instruments and standards applicable to law enforcement and how they help curtail abuse of the citizens’ right. The paper found that there is gross abuse of human rights in the course of the duty of the police in Nigeria. It was noted that the police have an obligation to observe, ensure compliance and implementation of these international human rights norms. It was recommended that there should be training and retraining of the police in Nigeria especially in forensic and technologically driven investigation and prevention of crime. Furthermore, corruption in the Nigerian police should be curbed by giving more incentives like salary increase to the police. The paper concluded that implementation of these recommendations will improve police human right observance in Nigeria.

The Methodology and Application of a Migration with Dignity Framework

The scale of migration is increasing, and while great uncertainty exists in identifying exact numbers, the estimated number of international migrants is already surpassing 2050 projections in the order of 2.6%, or 230 million. As people migrate, they face a number of challenges including exposure to disease and other health threats, violence and assualt, trafficking and unlawful detention. However, of the protections available to migrants, the implementation and realization of these protections and how they impact the individual experiences of migrants and their loss of human rights and dignity rights across the migration cycle, are lacking. In acknowledgement of this, McClain et al. developed a legal and policy framework for Migration with Dignity, which identified six fundamental elements central to the migration experience that can supplement and support the implementation of migrant protections. The framework was built upon the foundational policy of former President of Kiribati, Anote Tong, who understood the climate change was impacting the lives and livelihoods of his people and that in the face of diminishing land area and opportunities, that the Kiribati should have the opportunity to determine when and how they migrate, and that in doing so that they are able to live a life that is equal to or better than the one they left behind. The Migration with Dignity framework offers an opportunity to provide policy and legal options to governments, policy makers, and NGO’s for how to improve to consider the dignity of migrants while they move, and improve the transition of migrants into new settings, while also fostering opportunities for improved livelihoods. However, in order to provide these opportunities, the framework would benefit from additional application of the fundamental elements across different contexts and in different settings. With this in mind, this article provides the necessary methodology for considering the social and legal dimensions of the framework, it also provides examples for how to apply the framework across multiple contexts.

KNOWINGLY UNLAWFUL DETENTION, CAUSE, HOUSE ARREST, OR DETENTION: AN ANALYSIS OF SOME SIGNS OF THE OBJECTIVE SIDE OF A CRIMINAL OFFENSE

KNOWINGLY UNLAWFUL DETENTION, CAUSE, HOUSE ARREST, OR DETENTION: AN ANALYSIS OF SOME SIGNS OF THE OBJECTIVE SIDE OF A CRIMINAL OFFENSE

Terrorism as a Public Emergency: The Imperative for Human Rights Compliant Counter Terrorism Strategies in Nigeria

Terrorism clearly has a very real and direct impact on human rights, with devastating consequences for the enjoyment of the right to life, liberty and physical integrity of victims. Globally, terrorism is now viewed as a public emergency and post 9/11 counter terrorism strategies have combated terrorism as one would a public emergency. Nigeria desired the protection of its citizens from the violations of their human rights hence the enactment of certain counter terrorism strategies. This paper investigated the extent to which counter terrorism strategies enacted and implemented by the Nigerian state resonate with international best practices for protection of human rights while confronting a public emergency. The paper found that Nigeria seemed to have designed her counter terrorism strategies to counter the very lofty ideals of human rights which she is internationally obligated to protect. The study concluded that internationally accepted norms for derogation under international human rights law in the face of public emergency has been exceeded by the Nigerian state through draconian strategies such as arbitrary arrest, unlawful detention, extra judicial killings, inhumane treatment and torture. The paper recommended both normative and institutional reforms such that the Nigerian counter-terrorism legal framework becomes anchored on internationally accepted norms of non-derogation of core rights to life, personal dignity, freedom from torture, cruel and inhumane treatment even in times of public emergency. Keywords: Counter terrorism strategies, Human Rights, Public Emergency, Terrorism. DOI: 10.7176/JLPG/117-06 Publication date: January 31 st 2022

Throwing the Unlawful Detention Jurisprudence into Turmoil: A Critique of De Klerk V Minister of Police 2020 1 SACR 1 (CC)

Before the judgement in De Klerk v Minister of Police 2020 1 SACR 1 (CC), (de Klerk), a plaintiff could claim damages for unlawful arrest and detention after the first appearance in court if the arresting (or the investigating) officer had conducted himself unlawfully in addition to the unlawful arrest. The conduct of the arresting (or investigating) officer had to be such that it influenced the prosecution and/or the court to deny the plaintiff bail. In De Klerk the majority of the Constitutional Court (CC), after assuming that factual causation had been proven, held the Minister of Police (Minister) liable for the unlawful arrest and detention of the plaintiff (including detention after the plaintiff had appeared in court). This was despite the CC’s having found that the conduct of the arresting officer after the appearance of the plaintiff in court had been lawful. The CC held that the arresting officer foresaw that by not releasing the plaintiff, the plaintiff would be remanded in detention – the unlawful conduct. The arresting officer was aware that the practice in the court where the plaintiff appeared was to remand all first appearance cases without considering the accused for release on bail. This note contends that the CC's decision does not bear scrutiny. The flaw in the CC's decision arose from its assumption that factual causation had been proven in this case. This faulty approach flowed from the CC's unconventional application of the "but-for" test. Instead of substituting the defendant's actual conduct for the hypothetical reasonable conduct, the CC held that it was the defendant's conduct per se that had caused the plaintiff harm. On this application of the "but-for" test, an arresting officer is unlikely to escape liability for an unlawful arrest and detention even if his or her conduct ceases to be unlawful at one stage or another. The Minister was held liable for the blameworthy conduct of the arresting officer up to the time of the plaintiff's appearance in court. The arresting officer played no role whatsoever after the appearance of the plaintiff in court. It is therefore absurd to hold that her conduct was the factual cause of the damage the plaintiff suffered. Ordinarily the Minister would not be held liable for detention after the court appearance. There was nothing extraordinary in the De Klerk case warranting the Minister’s being held delictually liable for the post-court-appearance detention. The plaintiff failed to prove that it was the conduct of the arresting officer that caused the plaintiff damage post the court appearance.

UNLAWFUL ARREST AND UNLAWFUL DETENTION: SEPARATE GROUNDS OF ACTION AND PUNITIVE DAMAGES Mvu v Minister of Safety and Security 2009 6 SA 82 (GSJ)

In Mvu v Minister of Safety and Security the plaintiff, an inspector in the South African Police Service was arrested without a warrant for malicious damage to property (his 15-year old daughters’ cellphones). It transpired that the plaintiff, while on police business in Gauteng, visited his daughters. He became enraged when he discovered that they had received cellphones by way of a “love relationship”, whereupon he took the cellphones and threw them to the ground, seriously damaging them. The daughters went to apolice station and laid a charge against the plaintiff for malicious damage to property. The police officer seized with the matter telephoned the plaintiff who immediately travelled to meet him. Upon arrival he arrested the plaintiff and imprisoned him overnight with six other men and set him free the following afternoon on warning. When the matter eventually came to court, the plaintiff was discharged at the end of the state’s case.

Human rights violations, detention conditions and the invisible nature of women in European immigration detention: a legal realist account

PurposeThe purpose of this paper was to conduct a legal realist assessment of women’s situation in European immigration detention which focuses on relevant international and European human rights instruments applicable to conditions and health rights in detention settings, academic literature and relevant European Court of Human Rights (ECtHR) jurisprudence since 2010.Design/methodology/approachIn spite of the United Nations human rights frameworks and European Union (EU) standards, conditions in European immigration detention settings continue to pose a health risk to those detained. Migrant health rights when detained are intertwined with the right not to be subjected to arbitrary detention, detention in conditions compatible for respect for human dignity and right to medical assistance. Migrant women are particularly vulnerable requiring special consideration (pregnant and lactating women; single women travelling alone or with children; adolescent girls; early-married children, including with newborn infants) in immigration detention settings.FindingsThe situation of women in immigration detention is patchy in EU policy, academic literature and ECtHR jurisprudence. Where referred to, they are at best confined to their positionality as pregnant women or as mothers, with their unique gendered health needs ill-resourced. ECtHR jurisprudence is largely from male applicants. Where women are applicants, cases centre on dire conditions of detention, extreme vulnerability of children accompanying their mother and arbitrary or unlawful detention of these women (with child).Originality/valueConcerns have been raised by the European Parliament around immigration detention of women including those travelling with their children. There is a continued failure to maintain minimum and equivalent standards of care for women in European immigration detention settings.

КРИМІНАЛЬНА ВІДПОВІДАЛЬНІСТЬ ЗА НАСИЛЬНИЦЬКЕ ЗНИКНЕННЯ ЗА КРИМІНАЛЬНИМ ПРАВОМ УКРАЇНИ

The article is devoted to the issues of criminal liability for enforced disappearance in criminal law of Ukraine. The international legal conditionality of the appearance of this prohibition in the Criminal Code of Ukraine, its adequacy to the modern needs of combating this phenomenon as well as the compliance with the conditions of implementation of the provisions of international legal acts in the national criminal legislation are analyzed. It should be taken into account that international legal acts describe the need to criminalize socially dangerous behavior, and the form of such criminalization is chosen by states in accordance with national traditions of law-making. The article cites and analyses corpus delicti of the criminal offence provided for by Article 146-1 of the Criminal Code of Ukraine «Enforced Disappearance», which appeared in the criminal law as a result of the adoption of the Law of Ukraine «On the Legal Status of Missing Persons». Potential difficulties in applying the norm provided for by Article 146-1 of the Criminal Code of Ukraine to socially dangerous acts, cases of unjustified competition and conflict of norms are revealed. It is stated that the norm provided for by Part 1 of Article 146-1 of the Criminal Code of Ukraine, is partly special in relation to several norms provided for by other articles of the Criminal Code: Article 146 «Illegal confinement or abduction of a person»; Article 371 «Knowingly unlawful detention, compelled appearance, house arrest or taking into custody»; Article 365 «Excess of authority or official powers by a law enforcement officer»; Article 364 «Abuse of authority or office». It should be noted that before the introduction of Article 146-1 to the Criminal Code of Ukraine virtually all the behavior constituting enforced disappearance, the criminalization of which was the obligation of the Ukrainian state under the Rome Statute of the International Criminal Court and International Convention for the Protection of All Persons from Enforced Disappearance, constituted criminally prohibited behavior in accordance with the above mentioned «general» criminal law norms. The exception, in fact, is only the formal corpus delicti of indulgence, which is not covered by Article 364 of the Criminal Code of Ukraine and the introduction of which into the system of criminal offences under the current Criminal Code of Ukraine we completely approve. The article also analyses the prospects of the adoption of amendments to the Criminal Code of Ukraine, proposed in the draft Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Implementation of Norms of International Criminal and Humanitarian Law», which offers to supplement the Criminal Code of Ukraine with Article 442-1 «Crimes against humanity». Thus, the Ukrainian legislator will react for the second time to its international legal obligations regarding the implementation of the norms of international humanitarian law. The following options for preventing real and potential threats in the criminal law regulation of liability for enforced disappearance are proposed: to borrow the German experience of criminal law regulation in this area of public relations as well as to adopt the law on international criminal law.

Capacity to consent to admission of patients detained under Section 5(2) of the Mental Health Act

Background: Little is known regarding capacity to agree to admission of informal patients later detained under Section 5(2) of the UK Mental Health Act.<br/> Aim: To evaluate how frequently such capacity is assessed and to discover associations related to length of time from admission until imposition of Section 5(2).<br/> Method: Patients detained under Section 5(2) on acute inpatient general adult and old age psychiatric wards in one UK location between June 2016 and March 2018 were identified. Their admission records were scrutinized.<br/> Results: Capacity was assessed in 97 of 124 patients. Fewer assessments were performed immediately prior to admission, especially upon patients admitted from residential settings. On admission, medical staff assessed for capacity less than non-medics, but found an individual lacked capacity more frequently. Time until detention was less upon a first admission, in absence of pre-admission capacity assessment, when medical staff assessed, or when any inpatient clinician detected incapacity.<br/> Conclusion: Routine capacity assessment immediately prior to and at psychiatric admission should be formalized and offers potential to reduce use of Section 5(2), unlawful detention and negative sequalae.

Negotiating detention: The radical pragmatism of prison-based resistance in protracted conflicts

Critical prison studies have demonstrated how states use imprisonment and detention not only to punish individuals, but also to quell dissent and disrupt opposition movements. In protracted conflicts, however, the use of mass incarceration and unlawful detention often backfires on states as politically motivated prisoners exert their relevance by making imprisonment itself a central issue in the wider conflicts. Rather than retreating to the margins, prisoners have taken back prison spaces as loci of resistance, forcing both state authorities and their own external parties to engage with them seriously as political actors. This subversion of the prison space is not automatic, however; as this article demonstrates, prisoners have exerted the most influence on both authorities and their own factions when they have combined pragmatism and radicalism through multilevel strategies such as establishing praxes for self-education and organizing; using everyday non-compliance to challenge prison administrators; and occasionally, engaging in hunger strikes that exert boomerang pressure from external factions and solidarity networks on state authorities. Drawing from the case studies of Israel–Palestine, Northern Ireland and South Africa, this research shows how these radically pragmatic tactics create a ‘trialectic’ interaction between prisoners, state authorities and external networks, forcing direct and indirect negotiations regarding prisoners’ rights, and, at times, influencing broader conflict dynamics.