Saturday, March 30, 2019
Custodial Deaths and Human Rights Issues
Custodial Deaths and gracious Rights IssuesWhenalways we go through daily newspapers or news on broadcast media or internet, iodine of the approximately rough-cut topics we piece of ass puzzle is oddments in hold. This is something that we get to hear nigh nigh often from people surrounding us, and it has been happening for quite a persistent time, non only in a particular country or region, but in the whole world. However, galore(postnominal) people is dying in durance each year. The ends fleck in work force remains a very controversial topic as it is believed that the main reasons of these deaths be unplowed in darkness from the world.1These deaths could be a regular subject for the ones in charge of the clutch, but bring a major issue in the limelight which is the gross violation of human chastens. check to the Joint commission on clement Rights (JCHR), When the render takes away a soulfulnesss liberty, it assumes full office for encourageing their human recompenses. The most fundamental of these is the right to life.2As we go through this paper, we depart discuss more about protective deaths and its move on international law and human rights.Custodial deaths are referred to those deaths, epoch in keep of the constabulary, prison service, or other authorities. The causes of these deaths or we can say that the custody authorities are often accused of abuse, cover-ups, racism and neglect.3Some examples of custodial deaths are Operation Clean Heart by the giving medication of Bangladesh where a minimum of 32 people died death of about 100 prisoners in United States custody in Iraq and Afghanistan since 2002 and at least 650 people were killed in Jamaica by the natural law officers in 1999 which were totally vicious killings, but none of them were convicted since then.4Human RightsHuman rights are rights and freedoms to which all earthly concern are entitled.5These rights protect us from good political, legal, and socia l abuses. A a few(prenominal) examples of human rights are the right to freedom of religion, the right to a upright trial when charged with a crime, the right not to be tortured, the right to engage in political activity, and the right to life.6All these rights are saved by law for the wellbeing of a society. These rights, if violated, can lead to severe consequences or penalties if prove guilty to the sovereign sureness.Human Rights against Custodial DeathsThe most fundamental part of human rights is the right to life.7This type of human rights which protect people detained by the State falls under the law of Human Rights work on 1998. A death penalty or even custodial deaths violate these rights according to many human rights activists from around the world. A state checkers protection of its people enforced by law. They have more responsibleness about a persons protection when they take them into custody in doubts of illegal acts. Therefore, whenever a person dies in cust ody, it raises a major human rights issue. as well people who are serving whole-life sentences, many others die in custody. These custodial deaths maybe caused cod to natural causes or diseases, attacks by other prisoners, self-infliction, third-degree tortures succession in remand, and many other reasons. Many of those people who die in custody are held on remand in either guard custody or prison for doubts of unrule-governed acts, and are convicted of no pitiful offence. These are dear violations of human rights as every individual has the right to life, which is protected by the State and these deaths are not enforced by law.Custodial Death and Human Rights Concerns around the WorldIn Bangladesh, a huge battalion of Bangladesh Rifles (BDR) killed more than seventy army officers and others dead in February 25 and 26, 2009. After that, most soldiers of Bangladesh Rifles were held in prisons as suspects for the massacre. More than a thousand soldiers including twenty urbaneian s were detained, and the others are belt up in the police custody. From a statement of the Bangladesh Rifles on April 23, 2009, it was said that Sixteen detainees have died in custody four from suicide, six from heart attacks, and six from other diseases.8But fasten Adams, Asia Director at Human Rights Watch9, said that he couldnt find a solid reason for which the detainees have committed suicide, and thus, he has urged the government to take immediate actions to stop such deaths in custody.From credible sources in Bangladesh, reports were found by the Human Rights Watch on torture of detainees term they were in custody. One of the suspects told that he was tortured with electric shocks for seven eld by the Rapid Action Battalion (RAB)10. After the death of other suspect, a family member said that he was in good wellness before taken into custody and has no reason of sudden death. In a medical report of a dead suspect, wounds of torture were inflicted, which the authority deni ed by saying that the wounds may have been caused while they were trying to escape valve following the rebellion.Adams said that these explanations are not credible and that torture is a regular investigation technique in Bangladesh and killing of detainees in custody is an endemic problem. The detained suspects have been denied access to family and lawyers in most cases.In Vietnam, Human Rights Watch reported that they have received nineteen documents of brutality cases in twelve months till September 2010, which resulted in deaths of fifteen people. Deaths in custody were reported from major cities in Vietnam which has provoked the public protestant in the country and raised serious concerns.In a few cases, the detainees died due to massive beatings while in custody of the police or civil defense force, and in other cases, people died in public areas where the police used excessive forces. In many cases, detainees are taken into custody and killed for minor violations of law.In J une 30, 2010, a person died in police custody after being detained following a dispute with his mother. In some other case, which was on July 23, 2010, a man was arrested for riding a motorbike without a helmet. He was then taken is custody for questioning and hours later, it was reported that he died. This has raised serious concerns in Vietnam for such a custodial death.In all these nineteen incidents in just twelve months time, not a whizz involved police officer was convicted by the local court of justice for their actions. There have been major protests by the media as the government has mellow restrictions and control over their local press. Only a few police officers have been detained or suspended, which was caused due to media exposure of the incidents and severe protests from the public. Unless the government shows serious concerns regarding such human rights issues, it is very uncertain that such killings can ever be stopped.In Afghanistan, a soldier named Jamal Nasse r died in March 16, 2003 while in custody of the United States Army.11After eighteen months of his death, it was reported that his death attributed to a kidney infection. Later on, investigations found that the cause was just a fiction. According to Senator Patrick Leahy, The detainee, Jamal Naseer, died in March 2003, allegedly after weeks of torture by American soldiers. Because theSpecial Forcesunit that reportedly controlled the detention facility failed to report the death, it was never investigated. This incident is very troubling on its own, but, like so many other incidents we have discovered, it points to a much larger problem. TheU.S. Army reprehensible Investigation Commandreceived a tip about Naseers death earlier this year, but could not investigate the matter due to a lack of information.12An army detective at Bagram Airbase told the LA Times that in that respect are no records for which they werent able to conclude the investigation process.Human Rights faithfulnes sThere are many human rights law assigned by the sovereign authority for the well being of a society by ensuring the safety of every individual. The law which concerns with the deaths in custody is hold 2 of The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), The Human Rights Act 1998, which states that1. Everyones right to life shall be protected by law. No one shall be deprived of his life intentionally save in the death penalty of a sentence of a court following his conviction of a crime for which this penalty is provided by law.2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary(a) in defence of any person from wicked violence(b) in order to effect a lawful arrest or to prevent the escape of a person de jure detained(c) in action lawfully taken for the purpose of quelling a riot or insurrection.13Article 2 clearly pro vides that the state should not deprive you of your life, except in very limited circumstances.14According to the article, whenever individual is killed by a police, army or prison officer, the incident pull up stakes always link to right to life. In such a circumstance, investigations allow be called and a failure in the investigation at the reach of a state official is likely to be a intermit of Article 2.ConclusionMany people have been killed and are still being killed while in custody of the state officials in nigh every country. The state is responsible for the protection of its each and every single individual and the ones violating laws shall be detained or punished after the consequences has been sanctioned by the higher authority. But any kind of custodial deaths are unlawful as every human has the right to life, and they cannot be punished unless they are proved guilty. Custodial deaths fall under the Human Rights Act 1998, Article 2 which states that custodial death s should be investigated and if not done, then it would be a breach of law. After studying this paper, we are able to conclude that custodial deaths have become a global human rights issue and these deaths are gross violation of Human Rights. The state must take all necessary steps in order to prevent deaths in custody, ensure that every individual is well protected by law, and only the ones proved guilty are punished or detained. Success in preventing will lead to the well being of the society.