Death in custody

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A death in custody is a death of a person in the custody of the police, other authorities, or while in prison. In the 21st century, death in custody remains a controversial subject, with the authorities often being accused of abuse, neglect and cover-ups of the causes of these deaths. [1] [2]

Contents

By country

Algeria

The killing of civilians is mentioned under Article 8(2)(a)(i) of the Rome Statute. And the act of killing civilians would be considered a war crime under ICC Statute.

Argentina

Australia

In Australia, deaths in custody automatically trigger an inquest. [3]

Bangladesh

At least 32 people have died in "Operation Clean Heart" by the government of Bangladesh.

Burma

Chad

China

Congo

Cuba

Egypt

Germany

India

In the financial year 2021–22, the National Human Rights Commission reported 2152 deaths in judicial custody and 155 deaths in police custody. [4]

Indonesia

Iran

[5]

[5]

Ireland

Italy

Jamaica

"At least 650 people have been killed by police officers in Jamaica since 1999. Many of these have been blatantly unlawful killings, yet not one officer has been convicted since then." Piers Bannister, Amnesty International's Jamaica researcher.

Japan

Laos

Libya

Malaysia

Mexico

Morocco

The Netherlands

On the 27th of June 2015, Mitch Henriquez was arrested at the Malieveld in The Hague after he claimed to have a weapon. During the arrest he suffocated due to the chokehold of two police officers. They were put on trial and served sentences for manslaughter. [6] After his death, there were several weeks of riots throughout the Netherlands.

North Korea

Norway

About 40 people have died in police custody over a period of 20 years following 1990. [7] Additionally there's been 45 suicides in custody over a 10-year period from 2008. [8]

Pakistan

Russia

See Sergei Magnitsky; Salman Raduyev; Maxim Martsinkevich.

Saudi Arabia

Somalia

South Africa

South Africa has an unusually high level of deaths in custody. For example, in April to June 1997, there were 56 deaths in custody. [9]

Sudan

Syria

Turkey

UAE

United Kingdom

United States

Definition of custody

The term "in custody" has been debated in both California v. Beheler [10] (in regards to what constitutes custody in the requirement to read Miranda rights) but also in other federal court cases related to Miranda law and definition of custody. [11] Although Miranda law has roughly defined custody as the "formal arrest or restraint on freedom of movement," [10] colloquial language may be less restrictive in the use of custody and is thus sometimes difficult to distinguish from the process of arrest. In addition to collecting data on those who have died in custody, the Bureau of Justice Statistics also tracks all deaths related to arrest. This aids in collecting data from the fringes of custody or attempts to arrest an individual. [12]

Causes of death

The causes for death in police custody may range from suspected homicide by members of the police, killings by other inmates, death due to psychological or physical abuse, capital punishment, to suicide, accidental death, or natural causes. [13] [14] The United States Bureau of Justice Statistics collects data regarding both the cause of death, as well as medical and criminal records of those that die in police custody (restricted to those in federal prison and local jails). [13]

Estimates

The Bureau of Justice Statistics estimates that 17,358 individuals in custody died during the period from 2007 to 2010. [15] Other publications focus on the rate per 100,000. US jails report deaths that total a mortality rate of 128, and prisons at 264 per 100,000. [16] There are differences in methodology used to obtain these statistics, as some jurisdictions include deaths during attempted arrests, while others do not.

Other research has focused on specific states, such as Maryland and the rate of death by identity (gender, race, age). [17] Based on some findings, African-American males appear to be over-represented as victims of sudden custody deaths. Further research with larger sample sizes is necessary. [17]

Watchdog organizations

The Marshall Project collects and produces reports on police killings as well as maintaining a curated list of links to articles and publications related to death in police custody in the United States. [18]

Selected persons who have died in custody

Foreign custody by American agents (police, military, etc.)

International custody law

There are numerous laws and international treaties regarding treatment of foreigners, especially during wartime, of which the Geneva Convention is the most widely recognized and internationally ratified. It contains provisions that classify and define both prisoners of war (as well as civilians and the wounded or infirm) and the manner in which they are to be treated. [22] These include but are not limited to: murder, mutilation, hostage taking, and outrages upon personal dignity. [23] These ratified documents are the base of US international custody law and can be seen to be misapplied in some of the proceeding cases.

Examples of persons who have died in custody

Vietnam

Yemen

Zimbabwe

See also

Related Research Articles

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<span class="mw-page-title-main">Aboriginal deaths in custody</span> Political and social issue in Australia

Aboriginal deaths in custody is a political and social issue in Australia. It rose in prominence in the early 1980s, with Aboriginal activists campaigning following the death of 16-year-old John Peter Pat in 1983. Subsequent deaths in custody, considered suspicious by families of the deceased, culminated in the 1987 Royal Commission into Aboriginal Deaths in Custody (RCIADIC).

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Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution, even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a capital offense in states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment unparoled. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and habeas corpus procedures, which may continue for several decades.

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Prisons in Ukraine are regulated by the State Penitentiary Service of Ukraine, a part of the Ministry of Justice of Ukraine.

Prisoner suicide is suicide by an inmate in a jail or prison.

<span class="mw-page-title-main">Punishment in Australia</span>

Punishment in Australia arises when an individual has been accused or convicted of breaking the law through the Australian criminal justice system. Australia uses prisons, as well as community corrections. When awaiting trial, prisoners may be kept in specialised remand centres or within other prisons.

Prisons in India are overcrowded and eight of out ten prisoners in Indian jails await trial. There are 1319 prisons in India as of 2021. Currently, there are about 1400 prisons. After the COVID-19 pandemic, the number of prisoners increased 13% from 2020 to 2021, making over 80% of the prisons overcrowded. After the Supreme Court order, a number of prisoners were released in 2020 to decongest the jails, reducing the overall prison occupancy in 20 states and two Union Territories to a little over 93%. However, the occupancy rate increased to 130% again by 2021. About 63 unnatural deaths took place in Indian prisons. Among the major states, Tamil Nadu is the only state which has less than 100% occupancy followed by Karnataka.

People with mental illnesses are over-represented in jail and prison populations in the United States relative to the general population.

Howes v. Fields, 565 U.S. 499 (2012), was a decision by the U.S. Supreme Court that an interrogation of a prisoner was not a custodial interrogation per se, and certainly it was not "clearly established federal law" that it was custodial, as would be required by the Antiterrorism and Effective Death Penalty Act (AEDPA). Instead, the Court said, whether the interrogation was custodial depended on the specific circumstances, and moreover, in the particular circumstances of this case, it was not custodial. This decision overturned the rule of the Sixth Circuit, and denied the prisoner's habeas corpus petition.

References

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  5. 1 2 "Iran: Institutional discrimination against women and girls enabled human rights violations and crimes against humanity in the context of recent protests, UN Fact-Finding Mission says | OHCHR".
  6. OM vervolgt twee agenten voor dood Mitch Henriquez, NU.nl, 19 september 2016
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  11. Holcomb, Jayme (February 20, 2016). "When does handcuffing constitute custody for purposes of Miranda". FBI.
  12. "Arrest related deaths". Bureau of Justice Statistics. March 14, 2017.
  13. 1 2 "Data Collection: Deaths In Custody Reporting Program (DCRP)". Bureau of Justice Statistics. March 14, 2017.
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  19. "CRRJ Provides First Full Account of Notorious 1947 Georgia Jailhouse Killing", Civil Rights and Restorative Justice Project, 2016
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  21. "Disgraced financier Epstein found dead in cell". BBC News. 2019-08-10. Retrieved 2020-09-10.
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  23. "Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949". International Committee of the Red Cross. March 15, 2017.