A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention.
There is no internationally recognized legal definition of the concept, although numerous similar definitions have been proposed by various organizations and scholars, and there is a general consensus among scholars that "individuals have been sanctioned by legal systems and imprisoned by political regimes not for their violation of codified laws but for their thoughts and ideas that have fundamentally challenged existing power relations". [1] The status of a political prisoner is generally awarded to individuals based on the declarations of non-governmental organizations like Amnesty International, on a case-by-case basis. While such statuses are often widely recognized by the international public, they are often rejected by individual governments accused of holding political prisoners, which tend to deny any bias in their judicial systems. [1] [2]
A related term is prisoner of conscience (POC), popularized by Amnesty International. It describes someone who was prosecuted because of their personal beliefs.
Some prisons, known as political prisons, are accustomed to or are designed solely for hosting political prisoners. [3]
The concept of a political prisoner, like many concepts in social sciences, sports numerous definitions, and is undefined in international law and human right treaties. [2] [1] Helen Taylor Greene and Shaun L. Gabbidon in 2009 that "standard legal definitions have remained elusive", but at the same time, observing that there is a general consensus that "individuals have been sanctioned by legal systems and imprisoned by political regimes not for their violation of codified laws but for their thoughts and ideas that have fundamentally challenged existing power relations". [1]
A number of organizations involved in human rights issues, as well as scholars studying them, have developed their own definitions, [2] [1] some of which are presented below.
Amnesty International (AI) campaigns for the release of prisoners of conscience, which include both political prisoners as well as those imprisoned for their religious or philosophical beliefs. To reduce controversy, and as a matter of principle, the organization's policy applies only to prisoners who have not committed or advocated violence. Thus, there are political prisoners who do not fit the narrower criteria for POCs. [2] [1] The organisation defines the differences as follows: [4]
AI uses the term "political prisoner" broadly. It does not use it, as some others do, to imply that all such prisoners have a special status or should be released. It uses the term only to define a category of prisoners for whom AI demands a fair and prompt trial.
In AI's usage, the term includes any prisoner whose case contains a significant political element, in regard to the motivation of the prisoner's acts, the acts themselves, or the motivation of the authorities.
"Political" is used by AI to refer to aspects of human relations related to "politics": the mechanisms of society and civil order, the principles, organization, or conduct of government or public affairs, and the relation of all these to questions of language, ethnic origin, sex or religion, status, or influence (among other factors).
The category of political prisoners embraces the category of prisoners of conscience, the only prisoners who AI demands should be immediately and unconditionally released, as well as people who resort to criminal violence for a political motive.
In AI's use of the term, here are some examples of political prisoners:
- a person accused or convicted of an ordinary crime carried out for political motives, such as murder or robbery carried out to support the objectives of an opposition group;
- a person accused or convicted of an ordinary crime committed in a political context, such as at a demonstration by a trade union or a peasants' organization;
- a member or suspected member of an armed opposition group who has been charged with treason or "subversion".
Governments often say they have no political prisoners, only prisoners held under the normal criminal law. AI however describes cases like the examples given above as "political" and uses the terms "political trial" and "political imprisonment" when referring to them. But by doing so, AI does not oppose the imprisonment, except where it further maintains that the prisoner is a prisoner of conscience, or condemn the trial, except where it concludes that it was unfair.
The Parliamentary Assembly of the Council of Europe has the following definition:
A person deprived of their personal liberty is to be regarded as a 'political prisoner':
- if the detention has been imposed in violation of one of the fundamental guarantees set out in the European Convention on Human Rights and its Protocols, in particular freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association;
- if the detention has been imposed for purely political reasons without connection to any offence;
- if, for political motives, the length of the detention or its conditions are clearly out of proportion to the offence the person has been found guilty of or is suspected of;
- if, for political motives, he or she is detained in a discriminatory manner as compared to other persons; or,
- if the detention is the result of proceedings which were clearly unfair and this appears to be connected with political motives of the authorities. [5]
Burmese Assistance Association for Political Prisoners defines a political prisoner as "anyone who is arrested because of [their] perceived or real involvement in or supporting role in opposition movements with peaceful or resistance means". [6]
The US Congressional-Executive Commission on China defines a political prisoner broadly as any individual who is detained for exercising their "human rights under international law, such as peaceable assembly, freedom of religion, freedom of association, free expression, including the freedom to advocate peaceable social or political change, and to criticize government policy or government officials.” [1]
Christoph Valentin Steinert, who in 2020 reviewed 366 definitions of political prisoners used in (mainly English language) academic literature in 1956 and 2019, argued that any definition of political prisoner needs to avoid focusing on prisoners' individual motivations and that the term "should be exclusively reserved for victims of politically biased trials" (in other words, "victims of state repression"), to avoid delegitimizing the term by diluting it with applications to prisoners of any possibly politically motivated action (which on the extreme end of the spectrum would include, for example, Ku Klux Klanners, neo-Nazis, and jihadist terrorists). He specifically criticizes definitions of political prisoners as "individuals imprisoned for politically motivated actions" or "committing a political offense". He proposed the following definition: [2]
Political prisoners are defined as individuals that are convicted and incarcerated in politically biased trials (or executive decisions in the absence of any trials). Trials are deemed politically biased if they are endorsed by the government and (a) lack a domestic legal basis, (b) violate principles of procedural justice, or (c) violate universal human rights. [2]
Steinert noted that his definition does extend to prisoners "imprisoned for nonpolitical identities such as their religious beliefs or their sexual orientations", as well as individuals engaged in violent actions, arguing that the neutral "classification as a political prisoner neither entails an a priori judgment about the moral legitimacy of prisoners' actions nor does it imply that individuals committed politically motivated crimes". [2]
The purpose of political prisons and of imprisoning dissidents is to demonstrate the strength of the regime to the dissidents. The regime's opponents are isolated, and stigmatised, frequently abused, and tortured. The goal of such treatment is not just to punish those opposing the regime, but to frighten those who consider opposing the regime by demonstrating the power of the regime by sending a clear warning that objecting is not tolerated, and that the regime is well prepared and ready to punish the objectors through the creation of total institutions dedicated to hosting political prisoners. [3] [7]
The status of a political prisoner is conveyed to one only after their detention. Before that, potential political prisoners may be referred to as "dissidents, revolutionaries, social reformers, or radical thinkers". The nature of the behavior that leads to political imprisonment is hard to define and can be roughly described as any "activity deemed questionable by ruling elites". [1] Therefore, political prisoners may be officially detained and sentenced for a multitude of different transgressions, rather than a single well-defined crime. [1] Political prisoners are frequently arrested and tried with a veneer of legality where false criminal charges, manufactured evidence, and unfair trials (kangaroo courts, show trials) are used to disguise the fact that an individual is a political prisoner. [2] For example, AAPP states that "the motivation behind the arrest of every individual in AAPP's database is political, regardless of the laws they have been sentenced under". [6] This is common in situations which may otherwise be decried nationally and internationally as a human rights violation or suppression of a political dissident. Steinert notes that "objective evidence about politically biased imprisonments is chronically sparse considering that governments face substantial incentives to hide repressive practices". [2] As a rule, governments deny imprisoning individuals for their political activities. [1]
A political prisoner can also be someone who has been denied bail unfairly, denied parole when it would reasonably have been given to a prisoner charged with a comparable crime, or special powers may be invoked by the judiciary. Particularly in this latter situation, whether an individual is regarded as a political prisoner may depend upon the subjective political perspective or interpretation of the evidence.[ citation needed ] Political prisoners can also be imprisoned with no legal veneer by extrajudicial processes [ citation needed ] or even through executive decisions in the absence of any trials or charges. [1] [2] Some political prisoners need not be imprisoned at all, as they can be subject to prolonged pre-trial detainment instead. Steinert noted that technically, political detainees should be distinguished from political prisoners, but they are often grouped together, and in practical terms, he recommends treating them as special types of political prisoners. [2] Examples of such detainees can include individuals such as the former Nobel Peace Prize Laureate Aung San Suu Kyi, detained for many years without a trial. [2] Likewise, supporters of Tibetan spiritual leader Gedhun Choekyi Nyima in the 11th Panchen Lama controversy have called him a "political prisoner", despite the fact that he is not accused of a political offense. He is held under secluded house arrest. [8]
Political prisoners may become the subjects of international advocacy and receive aid from various non-governmental organizations. [2] Criticism from the international public opinion has been shown to facilitate the release of political detainees, or reduce their sentences, but is less effective in securing the release of already-sentenced individuals. [9] When the status of political prisoner is well known, it can be seen as a form of status symbol. Some political prisoners purposefully frame themselves as "the imprisoned martyrs and leaders of their movement." Which can safeguard their well-being in prison. [3]
Ancient Greek philosopher Socrates has been described as perhaps the earliest known political prisoner; imprisoned for allegedly “poisoning” the minds of Grecian youth through his critique of Athenian society and its rulers. [1] Early Christians, including Jesus Christ, and St. Peter, have also been described as such. [7] Another famous historical figure described as a political prisoner is the 15th century French heroine, Joan of Arc, whose final charge of heresy was seen as a legal justification for her real crime of "inconveniencing the elites". [1] [10]
Padraic Kenney noted that "the emergence of modern political prisoners coincides with a fifty-year period (1860s–1910s) during which [modern] political movements matured around the world", also defining such movements as having "clearly articulated political and social programs" which forced the governments to develop a specific response to such movements (a response which often involved incarceration rather than dialogue, particularly under the less liberal regimes). [7]
In some places, political prisoners had their own customs, traditions, and semi-formal organizations and privileges; historically, this has been more common up to around the interwar period, as the many political prisoners came from higher social classes (in particular, nobility), and authorities often treated them better than common criminals. This changed with the emergence of the totalitarian regimes that were intent on annihilating the opposition. [3] [7]
In Poland, the concept and even traditions of political prisoners emerged around the second half of the 19th century in the Russian partition. [3] [7]
While the Universal Declaration of Human Rights of 1948 is not legally binding, it is generally recognized as "a common standard of achievement for all peoples and all nations". Of particular relevance to political prisoners are its Articles 5, 6, 9 and 18. The UDHR and the later Helsinki Accords of 1975 have been used by a number of nongovernmental organizations as the basis for arguing that some governments are in fact holding political prisoners. [1]
In the United States, the term political prisoner has been used during the mid-20th century civil rights struggle and has been occasionally applied to individuals like Rosa Parks or Martin Luther King Jr., and later used for individuals imprisoned for objecting to US involvement in the Vietnam War. [2] [1]
Political prisoners sometimes write memoirs of their experiences and resulting insights. Some of these memoirs have become important political texts. For example, King's "Letter From a Birmingham City Jail" has been described as "one of the most important historical documents penned by a modern political prisoner". [1]
A number of nongovernmental organizations focus on advocacy for political prisoners. The most prominent of those is Amnesty International, founded in 1961. [1]
Due to the lack of a single, internationally recognized legal definition of a political prisoner, nongovernmental organizations like Amnesty International, aided by legal scholars, determine whether prisoners meet their criteria of political prisoners on a case-by-case basis. [1]
The following prisons have been recognized as incarcerating primarily political prisoners and have therefore been called "political prisons":
A dissident is a person who actively challenges an established political or religious system, doctrine, belief, policy, or institution. In a religious context, the word has been used since the 18th century, and in the political sense since the 20th century, coinciding with the rise of authoritarian governments in countries such as Fascist Italy, Nazi Germany, Imperial Japan, Francoist Spain, the Soviet Union, Saudi Arabia, North Korea, Turkey, Iran, China, and Turkmenistan. In the Western world, there are historical examples of people who have been considered and have considered themselves dissidents, such as the Dutch philosopher Baruch Spinoza. In totalitarian countries, dissidents are often incarcerated or executed without explicit political accusations, or due to infringements of the very same laws they are opposing, or because they are supporting civil liberties such as freedom of speech.
Human rights in Cuba are under the scrutiny of human rights organizations, which accuse the Cuban government of committing systematic human rights abuses against the Cuban people, including arbitrary imprisonment and unfair trials. International human rights organizations such as Amnesty International and Human Rights Watch have drawn attention to the actions of the human rights movement and designated members of it as prisoners of conscience, such as Óscar Elías Biscet. In addition, the International Committee for Democracy in Cuba led by former statesmen Václav Havel of the Czech Republic, José María Aznar of Spain and Patricio Aylwin of Chile was created to support the Cuban dissident movement.
Turkmenistan's human rights record has been heavily criticized by various countries and scholars worldwide. Standards in education and health declined markedly during the rule of President Saparmurat Niyazov.
Óscar Elías Biscet González is a Cuban physician and an advocate for human rights and democratic freedoms in Cuba. He is also the founder of the Lawton Foundation.
Thadeus Nguyễn Văn Lý is a Vietnamese Roman Catholic priest and dissident involved in many pro-democracy movements, for which he was imprisoned for a total of almost 15 years. For his ongoing imprisonment and continuous non-violent protest, Amnesty International adopted Lý in December 1983 as a prisoner of conscience. Most recently, his support for the Bloc 8406 manifesto has led to his sentence on 30 March 2007, for an additional eight years in prison, where he was released and then returned in 2011.
The state of human rights in the Islamic Republic of Iran has been regarded as very poor. The United Nations General Assembly and the Human Rights Commission have condemned prior and ongoing abuses in Iran in published critiques and several resolutions. The government is criticized both for restrictions and punishments that follow the Islamic Republic's constitution and law, and for "extrajudicial" actions by state actors, such as the torture, rape, and killing of political prisoners, and the beatings and killings of dissidents and other civilians. Capital punishment in Iran remains a matter of international concern.
Jennifer Latheef is a daughter of Mohamed Latheef, a leading Maldivian politician and government critic. She also worked as a Maldivian journalist and photographer for a short period of time.
Human rights in Syria are effectively non-existent. The country's human rights record is considered one of the worst in the world. As a result, Syria has been globally condemned by prominent international organizations, including the United Nations, Human rights Watch, Amnesty International, and the European Union. Civil liberties, political rights, freedom of speech and assembly are severely restricted under the Ba'athist government of Bashar al-Assad, which is regarded as "one of the world's most repressive regimes". The 50th edition of Freedom in the World, the annual report published by Freedom House since 1973, designates Syria as "Worst of the Worst" among the "Not Free" countries. The report lists Syria as one of the two countries to get the lowest possible score (1/100).
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.
The Ministry of Interior and General Investigation, commonly known simply as the Mabahith, is the secret police agency of the Presidency of State Security in Saudi Arabia, and deals with domestic security and counter-intelligence.
The Laotian legal system is not determined by a democratic parliament or by legal precedent, but by the arbitrary rule of Laos's single party. The main source of law is legislation. There are two types of legislation: legislation of general application and legislation of specific application.
The government of Belarus is criticized for its human rights violations and persecution of non-governmental organisations, independent journalists, national minorities, and opposition politicians. In a testimony to the United States Senate Committee on Foreign Relations, former United States Secretary of State Condoleezza Rice labeled Belarus as one of the world's six "outposts of tyranny". In response, the Belarusian government called the assessment "quite far from reality". During 2020 Belarusian presidential election and protests, the number of political prisoners recognized by Viasna Human Rights Centre rose dramatically to 1062 as of 16 February 2022. Several people died after the use of unlawful and abusive force by law enforcement officials during 2020 protests. According to Amnesty International, the authorities did not investigate violations during protests, but instead harassed those who challenged their version of events. In July 2021, the authorities launched a campaign against the remaining non-governmental organizations, liquidating at least 270 of them by October, including all previously registered human rights organizations in the country.
The Faeq al-Mir arrest controversy refers to the arrest, imprisonment, and calls for release of Faeq al-Mir, leader of the Syrian People’s Democratic Party, after he telephoned Elias Atallah, a Lebanese politician critical of Syrian policies there. In the call, taped by Syrian Intelligence forces, al-Mir gave condolences to Atallah regarding the assassination of Pierre Gemayel, Lebanon's Minister of Industry. Al-Mir was detained by Syrian security forces at his home in Latakia on December 13, 2006, and charged in March 2007 with "undertaking acts that weaken national sentiment during times of conflict" and "communicating with a foreign country to incite it to initiate aggression against Syria or to provide it with the means to do so." On December 31, 2007, Damascus's First Criminal Court ruled him guilty of "circulating false or exaggerated news which would weaken the morale of the nation" and sentenced him to three years in prison, though the duration was immediately reduced to 18 months. Human rights groups, including Human Rights Watch and Amnesty International, criticized the arrest and demanded al-Mir's unconditional release.
Kamal al-Labwani is a Syrian doctor and artist, He was released from Adra Prison, near Damascus on November 15, 2011, according to state media. Before his release, Amnesty International called him a prisoner of conscience.
Ales Viktaravich Bialiatski is a Belarusian pro-democracy activist and prisoner of conscience known for his work with the Viasna Human Rights Centre. An activist for Belarusian independence and democracy since the early 1980s, Bialiatski is a founding member of Viasna and the Belarusian Popular Front, serving as leader of the latter from 1996 to 1999. He is also a member of the Coordination Council of the Belarusian opposition. He has been called "a pillar of the human rights movement in Eastern Europe" by The New York Times, and recognised as a prominent pro-democracy activist in Belarus.
Antonio Michel Lima Cruz and Marcos Maiquel Lima Cruz are Cuban brothers and dissident journalists. They are members of the Cuban Council of Human Rights Rapporteurs. In 2009, their online newspaper Cardogna was shut down by the Cuban government.
Fabián Nsue Nguema is the most prominent human-rights lawyer in Equatorial Guinea which, under Teodoro Obiang, has been referred to as one of the most repressive regimes in Africa. He is a member of Equatorial Guinea's only legal opposition party, Unión Popular (UP), which frequently denounces human rights violations, and of which he has served as secretary-general. He has defended a number of political prisoners in trials.
Yaroslav Gennadievich Belousov is a Russian political-science student who was a participant in the May 6, 2012, Bolotnaya Square protest against President Vladimir Putin and who has been imprisoned since June 9, 2012, as a result of his participation in the protest.
Aleksandra Yuryevna Skochilenko, also known as Sasha Skochilenko, is a Russian artist, musician, poet, and former political prisoner.
Throughout its history and into the present, the United States has held political prisoners, people whose detention is based substantially on political motives. Prominent U.S. political prisoners have included anti-war socialists, civil rights movement activists, conscientious objectors, and War on Terrorism detainees.
Full List FREEDOM FIGHTERS: Aung San Suu Kyi, Nelson Mandela, Mohandas Gandhi, Martin Luther King Jr., Andrei Sakharov, Vaclav Havel, Akbar Ganji, Benigno Aquino Jr., Ho Chi Minh
Benazir Bhutto... was under house arrest at the time of her father's death; Zia made her a political prisoner for four years
Gramsci carried with him from his Sardinian upbringing two qualities that were to enable him to stand... his long years as a political prisoner in Benito Mussolini's Italy
The former political prisoner, once sentenced to death under one of the country's early military rulers whom he relentlessly opposed, was elected South Korea's president in December 1997 on his fourth attempt.
The chimurenga of Thomas Mapfumo has made him both a pop star and political prisoner in Zimbabwe
Bereza Kartuska was a political prison with the hardest conditions in prewar Poland
Evin, one of the most notorious political prisons in Iran
Russia's Peter and Paul Fortress – the founding site of St. Petersburg, the imperial mausoleum of the royal family, and the most notorious political prison of the Romanov regime
После постройки Кронштадта (1703) утратила военное значение и превращена в политическую тюрьму.
Spaç Prison developed into a notorious political prison and forced labour camp