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Death in custody

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

Contents

By countryEdit

AlgeriaEdit

See Human rights in Algeria

ArgentinaEdit

See Human rights in Argentina

AustraliaEdit

See separate article: Aboriginal deaths in custody

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

BangladeshEdit

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

BurmaEdit

See Insein Prison, Human rights in Burma

ChadEdit

See Human rights in Chad

ChinaEdit

Some estimate 20 million have died in the Chinese prison system. See Laogai, democide.

CongoEdit

See Human rights in the Democratic Republic of the Congo

CubaEdit

See Human rights in Cuba

EgyptEdit

See Human rights in Egypt

FinlandEdit

At least 460 people have died in police custody since 1990. About 20 people die in police custody a year, down from 28-30 per year in the nineties.[4]

GermanyEdit

IndiaEdit

See Police encounter

IndonesiaEdit

See Cipinang Penitentiary Institution

IranEdit

See 1988 executions of Iranian political prisoners and Deaths in custody in Iran

IrelandEdit

See Terence Wheelock

JamaicaEdit

"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.

JapanEdit

See Human rights in Japan

LaosEdit

See Human rights in Laos

LibyaEdit

See Abu Salim prison

MalaysiaEdit

MexicoEdit

See Human rights in Mexico

MoroccoEdit

See Human rights in Morocco

The NetherlandsEdit

See Milan Babić#Death, Death of Slobodan Milošević.

North KoreaEdit

See Human rights in North Korea

PakistanEdit

See Human rights in Pakistan

RussiaEdit

See Sergei Magnitsky; Salman Raduyev.

Saudi ArabiaEdit

See Human rights in Saudi Arabia

SomaliaEdit

See Human rights in Somalia

South AfricaEdit

South Africa has an unusually high level of deaths in custody. For example, in April to June 1997, there were 56 deaths in custody.[5]

SudanEdit

See Human rights in Sudan

SyriaEdit

See Tadmor Prison massacre

TurkeyEdit

See Prisons in Turkey

UAEEdit

See Human rights in the United Arab Emirates

United KingdomEdit

United StatesEdit

Definition of custodyEdit

The term "in custody" has been debated in both California v. Beheler[6] (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.[7] Although Miranda law has roughly defined custody as the "formal arrest or restraint on freedom of movement,"[6] 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.[8]

Causes of deathEdit

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.[9][10] 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).[9]

EstimatesEdit

The Bureau of Justice Statistics estimates that 17,358 individuals in custody died during the period from 2007-2010.[11] 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.[12] 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).[13] Based on some findings, African-American males appear to be over-represented as victims of sudden custody deaths. Firther research with larger sample sizes is necessary.[13]

Watchdog organizationsEdit

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.[14]

Selected persons who have died in custodyEdit

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

International custody lawEdit

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.[17] These include but are not limited to: murder, mutilation, hostage taking, and outrages upon personal dignity.[18] 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 custodyEdit

VietnamEdit

See Human rights in Vietnam

YemenEdit

See Human rights in Yemen

ZimbabweEdit

See Human rights in Zimbabwe

See alsoEdit

ReferencesEdit

  1. ^ "Death behind bars". Cmaj.ca. 2002-11-12. Retrieved 2015-02-25.
  2. ^ Stefan Fruehwald; Patrick Frottier. "Death behind bars" (PDF). Cmaj.ca. Retrieved 2015-02-25.
  3. ^ Davidson, Helen; Allam, Lorena; Wahlquist, Calla; Evershed, Nick (30 August 2018). "'People will continue to die': coroners' 'deaths in custody' reports ignored". Guardian Australia. Retrieved 10 September 2018.
  4. ^ "Suomessa sattuu putkakuolemia parikymmentä vuodessa - Putkakuolemat - Kotimaa - Helsingin Sanomat". Hs.fi. Retrieved 2015-02-25.
  5. ^ "Centre for the Study of Violence and Reconciliation". Csvr.org.za. Retrieved 2015-02-25.
  6. ^ a b "California v. Beheler". Find Law. March 14, 2017.
  7. ^ Holcomb, Jayme (February 20, 2016). "When does handcuffing constitute custody for purposes of Miranda". FBI.
  8. ^ "Arrest related deaths". Bureau of Justice Statistics. March 14, 2017.
  9. ^ a b "Data Collection: Deaths In Custody Reporting Program (DCRP)". Bureau of Justice Statistics. March 14, 2017.
  10. ^ Ross, Darrell (2006). Sudden Deaths in Custody. Totowa, N.J.: Humana Press. pp. 15–138. ISBN 978-1-58829-475-3.
  11. ^ Zheng, Zhen (2016). "Assessing Inmate Cause of Death" (PDF). Bureau of Justice Statistics.
  12. ^ Heide, Steffen (2016). "Deaths in Police Custody". Journal of Forensic and Legal Medicine. doi:10.1016/j.jflm.2016.01.026 – via Elsevier Science Direct.
  13. ^ a b Southall, Pamela (2008). "Police custody deaths in Maryland, USA: An examination of 45 cases". Journal of Forensic and Legal Medicine. 15: 227–230. doi:10.1016/j.jflm.2007.10.005 – via Elsevier Science Direct.
  14. ^ "Death in Police Custody". The Marshall Project. February 12, 2017.
  15. ^ "CRRJ Provides First Full Account of Notorious 1947 Georgia Jailhouse Killing", Civil Rights and Restorative Justice Project, 2016
  16. ^ CBS/Associated Press (AP), "3 Calif. jail guards found guilty in death of mentally ill inmate", CBS News, 01 June 2017; accessed 20 October 2018
  17. ^ Kim, Jonathan (July 2016). "Geneva Conventions". Cornell University Law School.
  18. ^ "Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949". International Committee of the Red Cross. March 15, 2017.