The Special Rapporteur on extrajudicial, summary or arbitrary killings, Morris Tidball-Binz, has highlighted the issue of prison deaths which is an invisible tragedy of global proportions resulting from a failure in the duty of states to respect and protect the fundamental right to life of those deprived of their liberty.
The report, which was issued in conjunction with the 53rd session of the Human Rights Council, focused on cases of people dying in custody from the moment of arrest, before trial and after conviction.
The Special Rapporteur stated that in 2021, more than 11.5 million people were detained in prisons globally, and although there is no exact number, the probability of dying in prison is 50 per cent higher than in the wider community.
The Special Rapporteur emphasized that Article 20 of the International Covenant on Civil and Political Rights identifies reform and rehabilitation as primary objectives of the prison system, but instead, prisoners die unchecked.
The Special Rapporteur stressed that the State bears direct responsibility for the lives of individuals deprived of their liberty, and they may not use a lack of financial resources or logistical problems to limit this responsibility.
The report concluded with several recommendations, including:
- The use of prisons should be minimized, especially for minor, poverty-related, and victimless offences, and the criminal justice system should be resourced to reduce delays that lead to prolonged remand incarceration.
- If the conditions of imprisonment violate human rights, including the right to life, so that the state has no control over its prisons, it must refrain from sending convicts to prison.
- Prison administrations must protect the rights and well-being of prisoners and prison staff, and prison administration must be consistent with the rule of law and human rights and ensure the dignity and well-being of the prisoner.
- An effective internal and external monitoring system should be implemented regularly to monitor prisons.
- Countries must ratify the Optional Protocol to the Convention against Torture.
- The prison conditions must not cause physical or mental illness.
- Prisoners shall have access to appropriate and adequate health services.
- Every custodial death must be investigated.
- A forensic doctor must supervise the investigations and provide a report and a death certificate on the causes of death.
- The prisoner's relatives should be fully informed and well supported and informed as soon as possible of the death.
- The body of the deceased must be handed over to his relatives in a merciful manner at the earliest opportunity, and appropriate compensation provided.
The European Saudi Organization for Human Rights indicates that Saudi Arabia has witnessed widespread deaths in prisons during the past years. Despite the repression and preventing families from speaking, ESOHR documented some cases that show that there is an approach that led to the death of detainees in different stages of detention in light of the poor conditions in many prisons.
ESOHR documented deaths during the investigation pictures showed signs of torture on the bodies of many of them, and also documented deaths during detention due to medical negligence, including those of human rights defenders and journalists.
ESOHR's tracking also indicates that Saudi Arabia places some detainees with extremist or mentally ill prisoners, which increases the risk to their lives. Despite the recurrence of these cases, no investigation was monitored, nor were those responsible held accountable, and in some cases, the government warned families not to talk about the death.