The Treatment Of Prisoners Under International Law

This book deals with a specialized area of international law relating to prisoners, especially as regards the worst abuses to which they may be subject, such as torture, enforced disappearance and summary or arbitrary executions.

This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in the previous editions. Central to most of the chapters is the prohibition of torture and cruel, inhuman, or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.

This book deals with a specialized area of international law relating to prisoners and some of the worst abuses they may be subjected to such as torture, enforced disappearance, capital and corporal punishment. It is mainly a study in international human rights law, but also draws extensivelyon international humanitarian law and international criminal law. This edition reflects the extensive legal and institutional developments that have taken place in the last twelve years.

List of Abbreviations / 7 Introduction / 9 Chapter 1. Deprivation of liberty in the context of criminal justice system / 17 1.1. General remarks / 17 1.2. Deprivation of liberty – its nature and aims / 23 1.3. Classification of prisoners – consequences / 26 1.4. Basic penitentiary paradox / 29 1.5. Prison of the 21st century / 31 Chapter 2. Contemporary penitentiary standards and policy – normative aspect / 37 2.1. Treaty standards / 38 2.1.1. General treaties / 38 2.1.2. Special treaty regulations / 43 2.2. Recommended standards / 45 2.2.1. Universal level / 45 2.2.2. Regional level / 49 2.3. Domestic impact of international standards – Polish example / 53 Chapter 3. Prison population – human dimension of personal interrelations / 57 3.1. The prisoners / 57 3.2. The prison staff / 66 3.3. Interpersonal confrontations and their consequences / 71 3.3.1. Horizontal personal interrelations / 72 3.3.2. Vertical personal interrelations / 76 3.4. Examples of extreme personal interrelations (prison scandals in a nutshell) / 78 Chapter 4. Social rehabilitation of prisoners – between idea and reality / 83 4.1. An idea of “normalization”/ 83 4.2. A concept of the “implied limitations”/ 90 4.3. Main instruments of social rehabilitation / 92 4.3.1. Contacts with the outside world – possibilities / 92 4.3.2. Special offers inside the prisons / 95 4.3.2.1. Work / 95 4.3.2.2. Education / 98 4.3.2.2.1. Spiritual assistance / 99 4.3.2.2.2. Leisure time / 101 4.3.2.3. Treatment programs / 102 4.4. Preparation for release / 104 Chapter 5. Prison life and human dignity – situations of special risk / 107 5.1. Brief introductory remarks / 107 5.2. Problem of discrimination / 108 5.3. Prison order and coercion measures / 110 5.3.1. An authorized coercion actions in prison / 112 5.4. Health care “in” and “out” of prison / 118 5.5. Disciplinary procedure and sanctions / 122 Chapter 6. Control, inspections and basic procedural guaranties for prisoners / 127 6.1. Domestic level / 129 6.2. International level / 132 6.2.1. Complaint/petition procedures / 132 6.2.1.1. Council of Europe / 132 6.2.1.2. European Union / 134 6.2.1.3. United Nations Organization / 135 6.2.2. Additional monitoring procedures / 137 Final remarks / 139 Bibiography (Basic Literature) / 147 Appendices / 155

This handbook discusses the importance of effective prisoner file management, illustrating the consequences of poor or non-existent management. It will be of particular relevance to prison systems that do not have electronic systems for managing files. It outlines the key international human rights standards that apply to prisoner and detainee file management. It also summarizes and illustrates the key requirements of prison systems in relation to prisoner and detainee file management in order to meet international human rights standards and how these might be met.

The United States has long adhered to the rules regarding the treatment of prisoners as set forth by the Geneva Convention. Following the terrorist attacks of 9/11, however, special prisons, such as Guantanomo Bay, Abu Ghraib, and other prisons located around the world that are referred to as dark sites were opened for the confinement and interrogation of suspected enemy combatants. Media outlets and books have partially exposed occurrences of various degrees of torture taking place in these facilities. These reports have generated a vigorous debate in the U.S. and the United Nations about the legality and morality of such treatments. This book presents recent analyses of these developments.

This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.