World Prison Population List (Eighth Edition) International Centre for Prison Studies Roy Walmsley
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Prisons in Yemen
[PEACEW RKS [ PRISONS IN YEMEN Fiona Mangan with Erica Gaston ABOUT THE REPORT This report examines the prison system in Yemen from a systems perspective. Part of a three-year United States Institute of Peace (USIP) rule of law project on the post-Arab Spring transition period in Yemen, the study was supported by the International Narcotics and Law Enforcement Bureau of the U.S. State Department. With permission from the Yemeni Ministry of Interior and the Yemeni Prison Authority, the research team—authors Fiona Mangan and Erica Gaston for USIP, Aiman al-Eryani and Taha Yaseen of the Yemen Polling Center, and consultant Lamis Alhamedy—visited thirty-seven deten- tion facilities in six governorates to assess organizational function, infrastructure, prisoner well-being, and security. ABOUT THE AUTHORS Fiona Mangan is a senior program officer with the USIP Governance Law and Society Center. Her work focuses on prison reform, organized crime, justice, and security issues. She holds degrees from Columbia University, King’s College London, and University College Dublin. Erica Gaston is a human rights lawyer with seven years of experience in programming and research in Afghanistan on human rights and justice promotion. Her publications include books on the legal, ethical, and practical dilemmas emerging in modern conflict and crisis zones; studies mapping justice systems and outcomes in Afghanistan and Yemen; and thematic research and opinion pieces on rule of law issues in transitioning countries. She holds degrees from Stanford University and Harvard Law School. Cover photo: Covered Yard Area, Hodeida Central. Photo by Fiona Mangan. The views expressed in this report are those of the authors alone. -
Imprisonment and the Separation of Judicial Power: a Defence of a Categorical Immunity from Non-Criminal Detention
IMPRISONMENT AND THE SEPARATION OF JUDICIAL POWER: A DEFENCE OF A CATEGORICAL IMMUNITY FROM NON-CRIMINAL DETENTION J EFFREY S TEVEN G ORDON* [e fundamental principle that no person may be deprived of liberty without criminal conviction has deteriorated. Despite a robust assertion of the principle by Brennan, Deane and Dawson JJ in Chu Kheng Lim v Minister for Immigration, subsequent jurisprudence has eroded it and revealed stark division amongst the Justices of the High Court. is article clarifies the contours of the disagreement and defends the proposition that, subject to a limited number of categorical exceptions, ch III of the Constitution permits the involuntary detention of a person in custody only as a consequential step in the adjudication of the criminal guilt of that person for past acts. is article proposes a methodology for creating new categories of permitted non-criminal detention and applies that methodology to test the constitutionality of the interim control orders considered in omas v Mowbray.] C ONTENTS I Introduction ............................................................................................................... 42 II Legislative Power, Judicial Power and Imprisonment .......................................... 46 A From Which Section Does the So-Called ‘Constitutional Immunity’ from Executive Detention Originate? ........................................................ 51 1 Does the Legislative Power of the Commonwealth Conferred by Section 51 Extend to Authorising Imprisonment Generally? ............................................................... 52 2 Does Chapter III Have Any Operation When Parliament Enacts a Law Authorising Imprisonment? ................................... 55 * BSc (Adv) (Hons), LLB (Hons) (Syd), LLM (Columbia). Sincerest thanks to Peter Gerangelos for reading a dra, for generous advice, and for sparking my interest during his fascinating course on Advanced Constitutional Law at the University of Sydney. -
Factsheet: Pre-Trial Detention
Detention Monitoring Tool Factsheet Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial not a sanction, but a measure to safeguard a criminal detention should be the exception rather than the procedure. rule. At any one time, an estimated 3.2 million people are Pre-trial detention is only legitimate where there is a behind bars awaiting trial, accounting for 30 per cent reasonable suspicion of the person having committed of the total prison population worldwide. They are the offence, and where detention is necessary and legally presumed innocent until proven guilty but may proportionate to prevent them from absconding, be held in conditions that are worse than those for committing another offence, or interfering with the convicted prisoners and sometimes for years on end. course of justice during pending procedures. This means that pre-trial detention is not legitimate where Pre-trial detention undermines the chance of a fair these objectives can be achieved through other, less trial and the presumption of innocence. -
Imprisonment: Where?
If you have issues viewing or accessing this file contact us at NCJRS.gov. IMPRISONMENT: WHERE? -- --- - --5 DEC "1 '\918 Imprisonment: where? Institutions (prisons and remand houses) to which persons* sentenced to tenns of imprisonment may be committed There are various types of t)(ison in the Netherlands, each type being intended for a particular category of piisoner, for instance young persons or aduits, prisoners serving short-term or long-term sentenQ~S, men or women. Selection for any of these institutions takes into account: - age; - length of sentence. Another important factor is whether or not the person concerned wa~ already in custody when sentenced (i.e. on remand in a rgrnand house). Age As far as age is concerned, a distinction is drawn between adults (persons aged 23 and over} and young p1'lrsons (the 18 -23 age-group; in some cases, persons under 18 Or ;:,VGii persons of23 and 24). length of sentence When distinguishing between persons serving short-term and long-term sentences, the actual du ration of the sentence is taken into account, that is to say, the sentence imposed less any period spent in custody awaiting trial or sentence (Le. in preliminary detention). The length of sentence is important since, as already * the only establishment to which women sentenced to imprisonment are committed Is the Rotterdam Women's Prison; the information given in this pamphlet, therefore, refers only to male prisoners. 1 stated, a number of institutions are intended for prisoners serving short-term sentences and a number of others for those serving long-term sentences. -
Pre-Trial Detention Addressing Risk Factors to Prevent Torture and Ill-Treatment
Detention Monitoring Tool Second edition FACTSHEET Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial detention not a sanction, but a measure to safeguard a criminal should be the exception rather than the rule. procedure. Pre-trial detention is only legitimate where there is a At any one time, an estimated 3.2 million people are reasonable suspicion of the person having committed behind bars awaiting trial, accounting for 30 per cent of the offence, and where detention is necessary and the total prison population worldwide. In some countries, proportionate to prevent them from absconding, pre-trial detainees reportedly constitute the majority of committing another offence, or interfering with the course the prison population, and in some settings even over of justice during pending procedures. This means that 90 per cent of detainees.2 They are legally presumed pre-trial detention is not legitimate where these objectives innocent until proven guilty but may be held in conditions can be achieved through other, less intrusive measures. -
1 Immigration Detention in International Law And
Immigration Detention in International Law and Practice (In search of solutions to the challenges faced in Bulgaria) This paper is a result of academic research in my PhD studies, but it is inspired and based on my experience as a practicing lawyer providing free legal aid at the immigration detention center in Sofia. Valeria Ilareva Table of Contents: I. Introduction The term “administrative detention”; who are immigration detainees? II. Legal grounds for detention. The two step proportionality approach: 1. General reasons for the lawfulness of the detention: 1.1. Pre-admission detention; 1.2. Pre-removal detention. 2. Individual reasons for the lawfulness of the detention: 2.1. Failure of voluntary return; 2.2. Risk of absconding or a proven threat to public order, public security or national security; 2.3. Failure of non-custodial measures. III. Rights of the detainees: procedural safeguards and detention conditions: 1. Procedural safeguards: 1.1. The right to be informed: 1.1.1. on the reasons for the detention; 1.1.2. on the rights in connection with the detention order; 1.2. Right of access to a lawyer; 1.3. Right to appeal; 1.4. Periodic review of detention; 1.5. Enforceable right to compensation for damages; 1.6. Rights of specific groups of persons: 1.6.1. Stateless persons 1.6.2. Protection of families (the right to respect for family life) 1.6.3. Rights of children 1.6.4. Regard for the special needs of other vulnerable groups. 2. Detention conditions IV. Conclusion I. Introduction Worldwide increasing numbers of asylum seekers and immigrants – real people with real rights - are deprived of their liberty through the construct of administrative detention. -
Administrative Detention
DIRECTORATE-GENERAL FOR EXTERNAL POLICIES OF THE UNION POLICY DEPARTMENT ISRAEL'S POLICY OF ADMINISTRATIVE DETENTION POLICY BRIEFING Abstract Administrative detention is a pre-emptive measure that allows authorities to detain suspects before the trial. While the procedure can be applied to anyone and exists in many countries, the issue has become particularly pressing in Israel. Israeli authorities use administrative detention principally to constrain Palestinian political activism and apply the procedure for an unlimited period of time without pressing charges. As of April 2012, there were 309 administrative detainees in Israeli prisons, contributing to the total tally of 5 000 Palestinians in Israeli jails, including 27 members of the Palestinian Legislative Council. A great many of these prisoners — some 2 000 — have been on a hunger strike since April 17, demanding better conditions of confinement and an end to detention without trial. The condition of two of the hunger strikers is critical. While international human rights organisations have recurrently condemned the Israeli practice of administrative detention as a violation of human rights, the issue has only recently attracted widespread international interest. The time is now ripe to place the issue on the agenda of European Union - Israel relations. DG EXPO/B/PolDep/Note/2012_146 May/2012 PE 491.444 EN Policy Department DG External Policies This Policy Briefing is an initiative of the Policy Department, DG EXPO AUTHORS: Dua' Nakhala and Pekka HAKALA, Directorate-General for External Policies of the Union Policy Department WIB 06 M 071 rue Wiertz 60 B-1047 Brussels Feedback to [email protected] is welcome Editorial Assistant: Agnieszka PUNZET LINGUISTIC VERSION Original: EN ABOUT THE EDITOR Manuscript completed on 10 May 2012. -
Detention Prior to Adjudication
CUSTODIAL AND NON-CUSTODIAL MEASURES Detention Prior to Adjudication Criminal justice assessment toolkit 2 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna CUSTODIAL AND NON-CUSTODIAL MEASURES Detention Prior to Adjudication Criminal Justice Assessment Toolkit UNITED NATIONS New York, 2006 The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations, the Secretariat and Institutions of the Organization for Security and Cooperation in Europe, and the Belgian 2006 OSCE Chairmanship concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. TABLE OF CONTENTS 1. INTRODUCTION TO THE ISSUE................................................................................ 1 2. OVERVIEW: GENERAL AND STATISTICAL DATA.................................................... 5 2.1 DETENTION TRENDS AND PROFILE OF PROCESS .................................... 5 2.2 LEGAL REPRESENTATION ............................................................................. 6 2.3 PROFILE OF DETAINEES................................................................................ 7 2.4 KEY CHALLENGES: OVERCROWDING, TB, AND HIV .................................. 7 2.5 QUALITY OF DATA........................................................................................... 8 3. LEGAL AND REGULATORY FRAMEWORK.............................................................. -
Oral Argument Of: Page
SUPREME COURT OF THE UNITED STATES IN THE SUPREME COURT OF THE UNITED STATES ------------------- AMERICANS FOR PROSPERITY FOUNDATION, ) Petitioner, ) v. ) No. 19-251 ROB BONTA, ATTORNEY GENERAL ) OF CALIFORNIA, ) Respondent. ) -------------------) THOMAS MORE LAW CENTER, ) Petitioner, ) v. ) No. 19-255 ROB BONTA, ATTORNEY GENERAL ) OF CALIFORNIA, ) Respondent. ) ------------------- Pages: 1 through 110 Place: Washington, D.C. Date: April 26, 2021 HERITAGE REPORTING CORPORATION Official Reporters 1220 L Street, N.W., Suite 206 Washington, D.C. 20005 (202) 628-4888 www.hrccourtreporters.com Official - Subject to Final Review 1 1 IN THE SUPREME COURT OF THE UNITED STATES 2 ------------------- 3 AMERICANS FOR PROSPERITY FOUNDATION, ) 4 Petitioner, ) 5 v. ) No. 19-251 6 ROB BONTA, ATTORNEY GENERAL ) 7 OF CALIFORNIA, ) 8 Respondent. ) 9 -------------------) 10 THOMAS MORE LAW CENTER, ) 11 Petitioner, ) 12 v. ) No. 19-255 13 ROB BONTA, ATTORNEY GENERAL ) 14 OF CALIFORNIA, ) 15 Respondent. ) 16 ------------------- 17 Washington, D.C. 18 Monday, April 26, 2021 19 20 The above-entitled matter came on for oral 21 argument before the Supreme Court of the United States 22 at 10:00 a.m. 23 24 25 Heritage Reporting Corporation Official - Subject to Final Review 2 1 APPEARANCES: 2 3 DEREK L. SHAFFER, ESQUIRE, Washington, D.C.; on behalf 4 of the Petitioners. 5 ELIZABETH B. PRELOGAR, Acting Solicitor General, 6 Department of Justice, Washington, D.C.; for 7 the United States, as amicus curiae, 8 supporting vacatur and remand. 9 AIMEE A. FEINBERG, Deputy Solicitor General, 10 Sacramento, California; on behalf of the 11 Respondent. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Heritage Reporting Corporation Official - Subject to Final Review 3 1 C O N T E N T S 2 ORAL ARGUMENT OF: PAGE: 3 DEREK L. -
Arrest, Remand and Awaiting Trial Syndrome in Criminal Justice: Fixing the Jigsaw to End Prison Congestion
ARREST, REMAND AND AWAITING TRIAL SYNDROME IN CRIMINAL JUSTICE: FIXING THE JIGSAW TO END PRISON CONGESTION A PAPER PRESENTED BY: HON. JUSTICE PETER. A. AKHIHIERO LL.B (HONS) IFE; LL.M LAGOS; B.L. AT THE LAW WEEK OF THE EKPOMA BRANCH OF THE NIGERIAN BAR ASSOCIATION (N.B.A) HELD AT EKPOMA ON FRIDAY 27TH DAY OF JULY, 2018 ARREST, REMAND AND AWAITING TRIAL SYNDROME IN CRIMINAL JUSTICE: FIXING THE JIGSAW TO END PRISON CONGESTION 1.01 INTRODUCTION: A viable criminal justice system is expected to secure the lives and property of members of the society. Crime prone societies will invariable result in low productivity, strife, discord, lawlessness and indiscipline. It is an invitation to the status of a failed State. This presentation will focus on the administration of criminal justice in Nigeria with particular references to the issues of arrest, remand and the challenges of awaiting trial suspects. In his dissertation on the subject of personal freedom, the Rt. Honourable Lord Denning, Master of the Rolls posited thus: “It must be matched with social security, by which I mean, the peace and good order of the community in which we live. The freedom of the just man is worth little to him if he can be preyed upon by the murderer or the thief. Every society must have the means to protect itself from marauders. It must have powers to arrest, to search and to imprison those who break its laws. So long as those powers are properly exercised, they are the safeguards of freedom. But powers may be abused, and if those powers are abused, there is no tyranny like them.”1 In safeguarding our freedoms, we need an efficient and effective criminal justice system that will protect us from the unwholesome activities of miscreants in our society. -
The Use of Administrative Detention in the 2003 Armenian Presidential Election
AN IMITATION OF LAW: The Use of Administrative Detention in the 2003 Armenian Presidential Election Human Rights Watch Briefing Paper May 23, 2003 TABLE OF CONTENTS Summary .......................................................................................................................................... 2 Administrative Arrest and Detention in Theory and Practice................................................................. 3 The legal and procedural framework............................................................................................... 3 Departures from the framework in practice...................................................................................... 4 Growing political use of administrative detention since the mid-1990s .............................................. 5 The 2003 presidential election ........................................................................................................ 6 Abuse of Administrative Arrest in the 2003 Presidential Election ......................................................... 7 The opposition demonstrations of February to April 2003 ................................................................ 7 Rendering opposition rallies illegal................................................................................................. 7 A “threat to state order”........................................................................................................... 7 “Unauthorized” rallies and marches.......................................................................................... -
I. Nethery Carceral Islands V6n2 85-98
Nethery: Carceral Islands SEPARATE AND INVISIBLE A Carceral History of Australian Islands AMY NETHERY Deakin University <[email protected]> Abstract This article examines the history of four islands used for incarceration in Australia: the ‘secondary punishment’ of convicts on Norfolk Island; the management and quarantine of indigenous people on Palm Island; the quarantine of all new migrants and visitors on Bruny Island; and the incarceration of enemy aliens on Rottnest Island. Incarceration has been used throughout Australia’s history as a method of social and political control, targeting categories of people perceived to pose a threat to the racial composition, social cohesion, or national security of the Australian community. By providing a space both separate and invisible to the community, Australia’s carceral islands served as a solution to a recurring problem for a young nation apprehensive about the composition, durability and security of its community. The human consequences of incarceration could be devastating. Keywords Incarceration, Australia, history, Bruny Island, Norfolk Island, Palm Island, Rottnest Island Introduction Islands have always played a powerful and evocative role in the governance and imagination of nation states. They are at once part of a states’ territory under law, yet geographically separate from it. National rules apply, but islands seem curiously free of the gaze of the authorities. Today, these are reasons why islands are attractive holiday destinations for travellers seeking to ‘get away from it all’. The qualities that attract today’s tourists, however, are the same qualities that make islands well-suited for banishment, exile, segregation and control. Australia’s history of white settlement began as an island for the banishment of English convicts.