INTERNATIONAL
RESPONSE TO RIGHTS OF PRISONERS
The vast scale and chronic nature of
the human rights violations in the world’s prisons have long been of concern to
the United Nations and other International bodies1
among the principal international human rights documents clearly protecting the
rights prisoners include: the International convention Civil and Political
Rights (ICCPR), the Convention against torture, The United Nations Standard
Minimum Rules for the Treatment of prisoners; The Basic Principles for the
Treatment of offenders
THE
AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS
These documents prohibit torture,
cruel and inhuman or degrading treatment or punishment without exemption or
derogation. Article 10 of the ICCPR provides that all persons deprived of their
liberty shall be treated with humanity and with respect for the inherent
dignity of the human person, also the reform and socials re-adaptation of
prisoners must be the essential aim of imprisonment.
The basic principles for the
treatment of prisoner declares: except for those limitations that are
demonstrated necessitated by the fact of incarceration all prisoners shall
retain the human rights and fundamental freedoms set out in the universal
declaration of Human Rights, where the state concerned is a party. The
international covenant on civil and Political Rights and the Optional Protocol
thereto, as well as such other rights as are set out I the United Nations
Covenants shall apply. In 1992, the United Nations Human Rights Committee
stressed that the obligation to treat persons deprived of their liberty with
dignity and humanity is a fundamental and universally applicable rule, not
dependent on the material resources available to a state party. The committee
stated that persons deprived of their liberty shall not be subjected to any
hardship or constraint other than that resulting from the deprivation of
liberty. Respect for the dignity of such persons must be guaranteed under the
same conditions as for that of free persons. Persons deprived of their liberty
enjoy all the rights set forth in the subject to the restrictions that are
unavoidable in a close environment.2
These international documents
clearly reaffirm that prisoners retain fundamental human rights which are
binding on countries to the extent that the rules set out in then explicate the
broader standards contained in human rights treaties. In Mukong v Cameroon3 it was stated that the minimum
requirements regarding floor space. Sanitary facilities, provisions of food
must be observed even if economic or budgetary considerations may make
compliance with these obligations difficult.
States therefore must have a
positive obligation towards persons who are particularly vulnerable because of
their status as persons deprived of liberty.
There are several other
international bodies4 which
add flesh to the human rights protection of prisoners; providing guidance as to
how governments may comply with their international obligations. They include
the body of principles for the protection of all persons under any form of
detention or imprisonment, the United Nations standard Minimum rules for the
Administration of Juvenile Justice.
In Nigeria and other countries,
prisoners retain certain basic rights which survive despite imprisonment.
Consequently, the test in every case is whether the right is fundamental and
whether there is anything in the law which authorizes the prison authorities to
limit such a right.
The factors and standard rules
governing the rights of prisoners have therefore been provided in different
degrees in the law and regulation of many countreis5.
They generally appear as constitution prison Rules and laws governing the prison
institution, which are binding on prisoners. The constitution and the prison
laws and regulation provide a structure and framework for the regulation of
prison life. The are for the organization and administration of the prisons and
for the good order, discipline and with the following rights.
RIGHT
TO LIFE
The
right to life is very fundamental to every person; it is the base of every
other right. The 1999 constitution made provisions guaranteeing right to life.
Section 33 provides that “Every person has a right to life, and no one shall be
deprived intentionally of his life, except in execution or the sentence of a
court. This implies that a prisoner’s life cannot be terminated except in a
lawful execution of a sentence of death. In the light of this, the Supreme in
the Bellow v Attorney General of Oyo State.6
1 This visit
shall not be within the hearing of a
police or prison official.
2UN Human
Rights Committee, general comment 21 paragraph 3 the human Rights Committee
Provides authoritative interpretations of the ICCPR though the periodic
issuance of periodicals.
3 N0 458199
(August 10 1994) U.N. Doc. CCPR/c5/1991
4 There are numerous
international prison monitoring bodies
5 Know as the
Benji Rules
6 (1986) 5
N.W.L.R (pt. 45) 828
REFERENCES
Annual abstract of statistic in Nigeria 1980. Also
Nigeria prison services annual report 1980/81 cited on p. 80 1993 J.U.S Vol. 6.
No. 4.
Black Law Dictionary sixth centennial edition
(1891-1991) P. 11194.
Human Rights watch: Prison conditions and the
treatment of prisoners @ http:/hrp.org/prison/unit.nations.html.
International covenant on civil political Rights
Ngozi Udombana “Rights of prisoners and detainees in
Nigeria.
The 1999 Constitution of Federal Republic of Nigeria.
The Prisons Act cap. P29, 2004
The African Charter on Human and People’s Ratification
and Enforcement Act Cap 10LFN, 1990 now cap A9 Vol. 1 LFN. 2004.
The propurt of prison system-what to Expect @
http:/wwhumanights.gov.an/social-justice/tracking/prisons-htm.
Prisons Act CAP 366 laws of the Federal Republic of
Nigeria 1990.
UN Human Rights Committee, general comment 21
paragraph 3 the human Rights Committee provides authoritative interpretations
of the ICCPER though the periodic insurance of periodicals.