INTRODUCTION
Just
like every other living being have fundamental human right protected by
different laws of both international and national is also the case of
prisoners. Prisoner’s right are protected by international conventions and laws
of different nations. The only difference is that prisoners are not entitled to
every fundamental right as enjoyed by a free citizen.
Prisoners
are denied certain rights as a result of the custodian judgment passed on him
or her by a court of law or as an accused facing trial in the court of law. A
prisoner in custody is specifically subjected to restraint of movement and can,
therefore, not have total assurance of enjoyment of the freedom of personal
liberty under the law. Be that as it may, a prisoner who is observing the
sentence of court by being in custody does not totally lose his rights as a
human being and must, therefore, enjoy some basic rights despite being confined
to prison. Some rights are denied the prisoners by the prison administrators. This
examines the laws both at national, regional and international level that made
provision for the right of prisoner. The following are the laws:
AFRICAN
CHARTHER ON HUMAN AND PEOPLE’S RIGHT
By
virtue of Nigeria being a signatory to this very charter, its provisions are
binding on Nigeria as a state. It provides that every individual shall have the
right to enjoy the best attainable state of physical and mental health and
state parties are charged to take necessary steps to protect the health of their
citizens, and ensure that they receive medical attention when sick.[1]
It provides that all forms of exploitation and degradation of man shall be
prohibited and every individual shall be entitled to respect for his life and
integrity of his person and no one maybe arbitrarily deprived of his right. it
made provision of everybody having right to liberty and to security of his
person.[2] It provides under articles 2 and 18 (3) right
from freedom of discrimination, under article 3 it provides right to equality
of all human being. It further provides right to life and personal integrity, right
to dignity and freedom from cruel, inhuman and degrading treatment, right to
religion, right to access good health facilities and right to self
–determination under articles 4, 5, 8,and 20 of the charter.
THE STANDARD RULES FOR THE TREATMENT OF PRISONERS
This
law provides that inhuman or degrading punishment by placing in a dark cell and
all cruel treatment is completely prohibited for disciplinary offences.[3]
It further provides that punishment by close confinement or reduction of diet
shall never be inflicted unless prescribed by medical officer and certified in
writing. Punishment that maybe prejudicial to the physical or mental health of
a prisoner is not allowed unless the medical officer recommends such and the
medical officer shall visit daily such prisoner undergoing such punishment and
shall advise the director if he considers the termination or alteration of the
punishment necessary on grounds of physical or mental health.[4]
It further provides right to good clothing to stay healthy and right to good
feeding, right to exercise and sport.
THE EUROPEAN CONVENTION ON HUMAN RIGHTS .
The
western states under the European convention on human rights are obliged to
protect the right to life of everyone in their territory[5].this
have been interpreted by the court to have three elements to wit are: the state
should desist from causing unlawful death, the state should take preventives
actions in relation to avoiding death, investigating death directly or
indirectly,caused by negligence of state officials.
THE UNITED NATION COVENANT ON CIVIL POLITICAL RIGHTS (ICCPR)
The
international covenant on civil and political right prohibits torture and
inhuman, cruel treatment or punishment, without exception or derogation [6].it
provides that all persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the person. It is also of
the view that penitentiary system shall comprise treatment of prisoners,the
essential aim shall be their reformation and social rehabilitation[7].
Therefore article 10 of International
Covenant on Civil and Political Right which was adopted and opened for
signature, ratification and accession by general assembly resolution 2200A
(xxi) of 16 December 1966,entry into force 23rd march 1976 in
accordance with article 49 of principles proclaimed in the charter of united
nations recognised right of prisoners from inhuman treatment and torture. it is
also provides that family is the natural and fundamental group of the society
and entitled to protection by society and state[8].this
simply means prisoners have the right to family and correspondence even though
maybe limited in scope .the article 4(1) (2) provides for the right to life,
freedom from torture and slavery, freedom from retrospective law, right to
personhood and freedom of thought, conscience and religion.while articles
12,13,17to 24 provides for procedural fairness in law in the form of equality
before the courts, rights to due process, fair and impartial trial. The presumption
of innocence and recognition as a person
before the law .
THE UNIVERSAL DECLARATION ON HUMAN RIGHT
The
law just like United Nations International Covenant on Civil and political
rights provides that everyone has the right to life and shall be protected by
law. it also provides that no one shall be subjected to arbitrary interference
with his privacy, family, home or correspondence[9].this
right is not restricted by being in imprisoned. It is dealt with in different
jurisdiction in different ways as provided in Article 16 of UDHR.
Article 1 and 2 of the charter provides that
all human beings are born free and equal in dignity and rights ,endowed with
reason and conscience and equally entitled to the rights and freedoms provided
in the charter without discrimination, it also recognised the right against
slavery, servitude and the right against torture, cruel, inhuman or degrading
treatment under articles 3,4 and 5 of the charter.
PRISONS ACT CAP.P29 L.F.N 2010
This
Act provides that though a prisoner maybe sentenced to prison with hard labour,
but in the case the prisoner is not fit to carry out such labour as maybe
directed by the superintendent of the prison where the prisoner is confirmed by
the medical officer,may order any prisoner to be excused labour or performance
of light labour shall be required which
he is must be certified in writing by the medical officer not to be fit.[10]
It is therefore provide for the right to health of prisoners .its further
provides that the director of the Nigerian prison service shall have general
charge and where it appears to him that by reason of the outbreak of disease
within the prison, by order under his hand direct that so many of the prisoners
as maybe indicated in the order shall be kept in place which is outside prison
and is specified in the order until such order is cancelled.[11]
He is also charged under his power to make order for removal of prisoners in
prison to a separate place where it appears to him that the number of prisoners
in prison is greater than the capacity
it conveniently be kept at the particular prison [12]
. He also has the power to remove any seriously ill prisoner confined in a
prison to hospital.[13]
The prisoners also have right to food, shelter, cloths ,and suitable beds
unless convicted prisoners.
1999
CONSTITUTION OF THE FEDERAL REPULIC OF NIGERIA
The
1999 constitution of the federal republic of Nigeria, provides for certain
rights, to wit are:
A.
Right to
life under section 33(1) that every person has a right to life and no one shall
be deprived intentionally of his right to life, except in the execution of the
court sentence in respect of criminal offence of which he has been found guilty
in Nigeria. This imposes on both the state and individual to refrain from the
intentional and unlawful taking of life save in the exceptions provided for in
section33 (2). it also imposes on the state to investigate deaths caused by the
actions or omissions of state agents or deaths for which the state might be
responsible. the state under a positive obligation to protect the lives of
persons held in prison or police custody as have been established in several
judicial decisions that ‘where an individual is taken into police custody in
good health but later found dead it is incumbent on the state to provide a
plausible explanation of what happened to that led to his death as held in velikwa
v Bulgaria.
B.
It provides that every
individual is entitled to respect for the dignity of his person, no person
shall be subjected to torture or inhuman treatment ,no person shall be held in
slavery or servitude and no person shall be required to perform force or
compulsory labour,section 34 (1) of 1999 constitution of Nigeria. Therefore
keeping prisoners on awaiting execution or waiting for hangman amount to
inhuman treatment or torture as held in uzochukwu v ezeonu. This amount to
violation of their right to dignity of person.
C.
It further provides for
the freedom of thought, conscience and religion. This gives the prisoners right
to carry out their religious practices and prisoners should not be forced to carry
out a particular religious practice.
D.
It provides also for the
right to freedom from discrimination. it is of the view that a citizen of
Nigeria of a particular community, ethic group, place of origin, sex religion
or political opinion shall not by a reason only that he is such a person be subjected
to discrimination. It also imposes on the prison authorities that prisoners
should be treated equally irrespective of their tribe, political, opinion or
place of origin. This is the provision of section 42 (1) of 1999 constitution
of Nigeria.
E.
It made provision for any
person arrested by the police have the right to remain silent from answering
any question until after consultation with his or her legal practitioner or any
other person of his choice. This is the provision of section 35 (2) of 1999 constitution
of Nigeria.
F.
The constitution of the
federal republic of Nigeria provides that every person who is charged with
criminal offence shall be presumed to be innocent until he is proved to be
guilty. see section 36(5) of 1999 constitution of Nigeria as amended. This is
because they have not been convicted of any offence under the law.
G.
The 1999 constitution of
the federal republic of Nigeria under section (6) (b) provides that every
person who is charged with criminal offence shall be entitled to be given
adequate time and facilities for preparation of his case and defence. this
right is vested on the prisoner due to the interval between arrest, arraignment
and the ultimate prosecution of suspects pending conclusion of police
investigation or judicial trials.
H.
The prisoner also have the
right to defend himself or be respected by counsel during trial. under section
36(6) (c) provides that every person who is charged with a criminal offence
shall be entitled to defend himself in person or by legal practitioners
The
prisoner also have right to fair hearing under section 36 of 1999 constitution
of Nigeria.
In
summary the following are the rights of prisoners in accordance with the above
laws and charters.
1.
Prisoners who are not
sentenced to death have right to life
2.
Right to freedom from
discrimination and inhuman treatment
3.
Right to fair hearing
4.
Right to good clothing,
shelter, food etc
5.
Right to access to good
health facilities
6.
Right to defend himself in
person or through a counsel
7.
Right to freedom of
religion practice of the prisoners choice
8.
Right to good health
9.
Right to have access to
his family etc
The
above rights of prisoners protected by law are not properly implemented in
Nigeria territory. The prisoners in Nigeria are mostly subjected to inhuman or
degrading punishment by placing in a dark cell and all cruel treatment melted
on them which is completely prohibited for disciplinary offences by the
international laws which Nigeria is signatory to. The prisoners are also
subjected to poor feeding leading reduction of diet and also poor clothing
facilities of the prisoners which are infringement on the right of prisoners
are obtainable in Nigeria. The right to life, freedom from torture and slavery,
freedom from retrospective law, right to personhood and freedom of thought,
conscience and religion, procedural fairness in law in the form of equality
before the courts, rights to due process, fair and impartial trial, the
presumption of innocence and recognition as a person before the law are all
constitutional provision of Nigeria are to some extent implemented and accorded
on the prisoners. But still many inmates in Nigeria prisoner have number of
year almost more than the punishment of the accused offence but are still under
awaiting trial while some have being tried and convicted and they all mix up in
one prison.
[1] Article
16 (2) of the African charter on human right
[2] Ibid.ARTICLE
4 AND 6
[3] RULE
31of the standard minimum rules for the treatment of prisoners
[4] Ibid.rule 32
[5] Article 2 of ECHR
[6] Article 7 ICCPR
[7] IBID.ARTICLE 10
[8] Ibid.article 23
[9] Article 12 UDHR
[10] See
section 4 of CAP.p29 L.F.N 2010
[11] Ibid.section5
(2) (b)
[12] Ibid.section
5 (2) (a)
[13] Ibid.
section 8 (1)
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