PRISONERS AND HUMAN RIGHTS

• NCJ Number: 54116
• Journal: Revue de droit penal et de criminologie Volume: 58 Issue: 4 Dated: (APRIL 1978) Pages: 387-400
• Author(s): P LANDREVILLE
• Date Published: 1978
• Length: 14 pages
• Corporate Author: Ministere de la Justice
• Publication Format: Article
• Language: French
• Country: Belgium
• Note: TEXT OF A CONFERENCE GIVEN ON MAY 26, 1977 AT THE BELGIAN SOCIETY OF CRIMINOLOGY

Annotation

DEVELOPMENT BY BOTH LEGISLATORS AND ADMINISTRATORS OF PROCEDURES WHICH PROTECT THE RIGHTS OF PRISONERS IS DISCUSSED.

Abstract

SINCE 1955 THE UNITED NATIONS HAS ENCOURAGED MEMBER COUNTRIES TO ADOPT MINIMUM RULES FOR TREATMENT OF PRISONERS. PRISONERS THEMSELVES HAVE GRADUALLY SOUGHT TO PRESS THEIR CASE, ESPECIALLY IN THE UNITED STATES AND CANADA, EVEN THOUGH NO FORMAL STRUCTURE FOR PARTICIPATION EXISTS. ORGANIZATIONS SUCH AS THE AMERICAN NATIONAL COUNCIL ON CRIME AND DELINQUENCY AND THE CANADIAN DELEGATION TO THE UNITED NATIONS CONFERENCE ON CRIME PREVENTION HAVE EMPHASIZED THAT PRISONERS SHOULD ENJOY THE SAME RIGHTS AS NORMAL CITIZENS, EXCEPT FOR THOSE INEVITABLY LOST BY INCARCERATION OR IN THE CASE OF ENDANGERED SECURITY TO THE INSTITUTION, BUT THESE PRINCIPLES MUST BE WRITTEN INTO PRISON LAW AND TRANSLATED INTO MORE PRECISE TERMS. APPLICATION OF THESE PRINCIPLES WOULD EXTEND TO USE ONLY OF REASONABLE MEANS TO CONTROL VIOLENT PRISONERS (E.G., NO GAS IN CELLS TO QUIET PRISONERS); PROTECTION OF PRISONERS FROM OTHER PRISONERS AND FROM SUICIDE ATTEMPTS; FREEDOM OF EXPRESSION, ESPECIALLY IN CORRESPONDENCE, WHICH MAY BE CENSURED ONLY IF THE INSTITUTION IS ENDANGERED; AND FREEDOM OF PRISONERS TO COMMUNICATE WITH THE PRESS. PRISONERS ALSO HAVE THE RIGHT NOT TO BE SUBJECTED TO CRUEL AND UNUSUAL PUNISHMENTS WHICH NEGATIVELY AFFECT HUMAN DIGNITY, ARE ARBITRARY AND EXCESSIVE, AND DO NOT CONFORM TO THE NORMS OF CONTEMPORARY SOCIETY. PRISONERS ARE ENTITLED TO IMPARTIAL HEARINGS, AND DISCIPLINARY ACTION CAN ONLY BE TAKEN WHEN OFFENSES AND SANCTIONS ARE DETERMINED BY LAW. ALL MATTERS CONCERNING PROCEDURES SHOULD BE CONVEYED TO THE PRISONER IN WRITING, THE PROCEDURAL RULES FOR THE HEARING SHOULD GUARANTEE DUE PROCESS, THE MEMBERS OF THE HEARING BOARD MUST BE COMPETENT, AND APPEALS MUST BE POSSIBLE. PRISONERS' RIGHTS, PRIVILEGES, RESPONSIBILITIES, AND OBLIGATIONS MUST BE MADE KNOWN TO THEM. THE RIGHT TO PROTECTION OF DIGNITY AND HUMANE TREATMENT REQUIRES THAT PROCEDURES SUCH AS ORIENTATION AND SHOWERING BE CONDUCTED WITH REGARD FOR PRISONERS' FEELINGS, THAT SEARCHES BE AUTHORIZED FOR EXPLICIT REASONS, AND THAT PROCEDURES BE EXPLAINED. NOTES ARE SUPPLIED. --IN FRENCH. (KMD)