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UK Indeterminate Sentences Breach Prisoner Human Rights

By Madeline Schiesser
Impunity Watch Reporter, Europe

Strasbourg, France – The European Court of Human Rights (ECtHR) has ruled that the operation of indeterminate sentences for the protection of the public (IPPs) breaches human rights.  Under an IPP in the United Kingdom (UK), a court could sentence a prisoner to serve not only time for a committed crime, but to also to remain in prison until he had completed rehabilitation courses, which are difficult to gain access to.  Of the more than 6500 prisoners currently serving IPP terms, 3500 have completed their minimum sentences, but need to demonstrate rehabilitation. The ECtHR found that the IPP system has a “lack of resources,” without which prisoners whose minimum sentences have expired cannot realistically qualify for release.

IPPs were created to ensure that dangerous prisoners were rehabilitated before reentering the population, but the supporting system quickly became overwhelmed. (Photo Courtesy of BBC News)

Brett James, Nicholas Wells, and Jeffrey Lee, who were each imprisoned over two years longer than their minimum sentences, brought their cases before the ECtHR. They, like other IPP prisoners who had completed their minimum sentence found themselves in a catch 22; they could not qualify for release without rehabilitation courses, and such courses could not easily be obtained.  The three argued that there were “delays” in accessing the prison courses necessary to be eligible for release, caused by “a lack of resources.”  The ECtHR agreed.

Specifically, the ECtHR found that the IPP operation violated Article 5:1 of the European Convention on Human Rights, which bans arbitrary detention.  The ECtHR characterized the IIP operation as “draconian measures for indeterminate detention without the necessary planning and without realistic consideration of the impact of the measures”.

The court further explained that “once the applicants’ tariffs had expired, their detention was justified solely on the grounds of the risk they posed to the public.”  At that point, the need for rehabilitative services becomes all the more urgent.   The applicants’ imprisonment was “arbitrary and therefore unlawful” when without an effort to progress them through the prison system “with a view to providing them with access to appropriate rehabilitative courses”

James, Wells, and Lee were awarded £14,000 in damages and close to £30,000 in costs.   It is estimated that if the British government were required to compensate all 3500 IPP prisoners held beyond their minimum sentence, it would cost about £16 million.

The new Justice Secretary, Chris Grayling, expressed that he was “very disappointed by the ECHR decision,” further elaborating that he intends to appeal the decision: “it is not an area where I welcome the court seeking to make rulings, it is something we intend to appeal.”  The government has three months to do so.

The IPP was introduced in 2005 by Labour as a way to ensure that dangerous prisoners were rehabilitated before reentering the population by providing them with courses.  However, the system quickly became overburdened.  Since then, Ken Clarke, the last Justice Secretary, announced the cancelation of the IPP last year.

For now, the ECtHR decision will not affect prisoners in the UK currently serving IPP sentences.  A spokesman for the Ministry of Justice stated: “”Public protection will not be put at risk – the judgment does not find that indeterminate sentences are unlawful, and will not mean prisoners currently serving IPP sentences will have to be released.”

However, the decision will likely cause the UK to change the way that it sentences prisoners.  The government had already announced plans for a new regime of tough, determinate sentences.  The Ministry of Justice says “[t]his will see more dangerous criminals given life sentences, and others spending longer periods in prison, with tough license conditions on release.”

For further information, please see:

BBC News – Indeterminate Sentences ‘Breach Human Rights’ – 18 September 2012

Guardian – Strasbourg Judges Rule Indeterminate Sentences Unlawful – 18 September 2012

Independent – Indefinite Sentences Ruled Unlawful – 18 September 2012

Telegraph – Prisoners Locked Up Indefinitely Could Claim Millions in Compensation – 18 September 2012

Kidnapping in Nigeria Continues

By Vicki Turakhia
Impunity Watch Reporter, Africa

ABUJA, Nigeria – Police in Nigeria have denied the accusation that almost 1,000 people have been kidnapped from January of 2008 until August of 2012, but a group called Campaign for Democracy states differently.

Nigeria has a reputation for kidnappings. (Photo Courtesy of George Esiri/Reuters)

Previously robberies were more common than kidnappings, but criminals are learning that there is a higher chance for profits in a kidnapping. These kidnappings have led to ransoms costing people a total of 1.2 billion naira during that time period. The costs range anywhere from 5 million to 30 million naira per person kidnapped.

Victims of the kidnappings include singing and dancing Nigerian stars and prominent members of society, which is a change from the foreign oil company officials previously kidnapped. The Enugu State University Vice Chancellor was abducted on August 15th,  causing the University’s security to be questioned.

The Vice Chancellor is known for his hard work and dedication to the school, he has brought about change and reform to Enugu State University. The authorities are hopeful about his release.

Nigeria is the eighth highest in kidnapping around the world. In 2010, 512 people had been kidnapped compared to the 353 for the total of 2009. In January of 2008 the average rate of reported kidnappings was about one every 10 days.

Not only is there a rise in kidnappings, but in other crimes as well such as assassinations, armed robberies, and arson. These criminal acts are said to occur due to joblessness, homelessness, and the decreasing access to education. The Academic Staff Union of Universities (ASUU) blames the government for the difficulties that spread across the nation.

A U.S. based social group has stated that the insecurity has led to a lack of foreign investments. The group calls for a permanent solution otherwise the instability in Nigeria will continue to hurt the economy.

Solutions to the kidnappings include removing the buildings used for housing kidnapped victims. The local government is looking to increase the penalties for kidnapping. The government has also included development centers, these centers provide greater knowledge and communication about the growing rise in kidnapping.

However, the police do question the source of information obtained by the Campaign for Democracy, so the numbers are being confirmed by the Deputy Force. But, the U.S. State Department maintains that a majority of kidnappings go unreported.

 

For further information, please see:

All Africa – Nigeria: 938 Persons Kidnapped in South East – Campaign for Democracy – 17 August 2012

All Africa – Nigeria: ASUU Blames Bombings, Kidnappings on Injustice – 14 August 2012

All Africa – Nigeria: U.S. Based Group Wants Govt to Tackle Kidnapping – 29 July 2012

Global Post – Nigeria’s Kidnapping Culture on the Rise – 30 May 2010

The Guardian Nigeria – Pharmacists Seek Release of Kidnapped ESUTH VC – 18 August 2012

 

Angry Mob Lynches Brazilian Prisoners in Bolivia

By Heba Girgis
Impunity Watch Reporter, South America

SUCRE, Bolivia—A rebel mob in the town of San Matias, Bolivia dragged two Brazilian murder suspects from the Bolivian jail, beat them and burned them alive. Allegedly, the Brazilians had shot to death three Bolivians and wounded two others in a drunken dispute in Tuesday, August 14. The reason for the dispute still remains unclear.

The Town of San Matias Lies on the Border of Bolivia and Brazil and is Occupied by Many Drug Traffickers and Car Thieves. (Photo Courtesy of BBC News)

The seven police officers who were responsible for keeping the Brazilians in custody were completely overwhelmed by the mob that attacked the prison and were unable to control the situation. They fired several shots into the air with no avail.

The two bodies of the Brazilian prisoners were delivered to Brazilian police late Tuesday night. Col. Lily Cortez, Bolivia’s regional police commander has vowed to arrest and prosecute the members of the mob responsible for the deaths. As of today, no one has been arrested.

The lynching of the alleged criminals occurred in the town of San Matias, a town located on the border of Bolivia and Brazil with an active community of drug traffickers and car thieves. Bolivian police officers noted that the town of San Matias has now become a kind of refuge for Brazilian criminals and that violent behavior is not altogether uncommon in this particular part of the country.

In many areas of rural Bolivia, these types of lynchings are common, as law enforcement officers and judicial workers are rare.

Claudio Rojas, the town councilman, told the Associated Press that, “It’s barbarous what occurred Tuesday night, but people are tired of so much insecurity. No one is in charge of this town, where criminals do whatever they please.”

In the past, there have been many instances where innocent individuals have been injured or killed by angry mobs. According to these groups, they wanted nothing more than to simply bring swift justice. While Bolivia’s constitution did legalize “traditional justice,” the Bolivian legislative assembly passed a law in 2010 making it clear that lynching and any form of the death penalty are strictly forbidden.

The Brazilian foreign ministry now voices its deep concerns over the situation and demands that its embassy in La Paz, Bolivia call upon Bolivian authorities to establish new measures to protect prisoners and prevent this kind of incident from occurring again in the future.

The Brazilian ministry has also strongly urged the Bolivian authorities to carry out a “swift and rigorous” investigation into these types of criminal activities.

 

For further information, please see:

BBC News – Bolivia Lynching: Brazil Condemns Deaths in San Matias – 16 August 2012

International Business Times – Mob Justice in Bolivia: Two Brazilian Murder Suspects Burned Alive – 16 August 2012

The Guardian – Bolivian Mob Lynches 2 Brazilian Murder Suspects –  15 August 2012

The Province – Bolivian Mob Drags 2 Brazilian Murder Suspects From Jail in Border Town, Burns Them Alive – 15 August 2012

 

 

 

Brazilian Women Rebel Against Mandatory C-Section Births

By Heba Girgis
Impunity Watch Reporter, South America

BRASILIA, Brazil—Mariana Mignon knew that she wanted her child born through a natural birth since the day she discovered that she was pregnant. Only weeks before her due date, Mignon completely abandoned her obstetrician, health plan, and her own private hospital room to have a chance at a real vaginal birth in a free public hospital in Rio.

Brazil Has One of the Highest C-Section Rates in the World, But That Trend is Beginning to Change. (Photo Courtesy of MSNBC)

In Brazil, natural childbirth has fallen out of favor, with about 82 percent of children born via cesarean section among women with private health insurance. “If I’d stayed with my health care plan and my doctor, I would have had a C-section,” said Mignon. Brazil, on its own, has one of the highest cesarean section rates in the world.

The trend toward the C-section method may be shifting throughout the country as more women push for more of a say in their childbirth options—whether it be C-section or naturally, home or in the hospital, or with a midwife or a medical doctor. Olimpio Moraes Filho, a head doctor with the Brazilian Association of Obstetricians and Gynecologists noted that, “We need to have a serious discussion in this country to see what can be done to change this culture.” “Women are starting to rebel, and they should,” Filho also noted.

The catalyst to this rebellion began in July when a medical regulating agency in Rio made it forbidden for doctors to conduct home births and for labor coaches from helping out in hospitals. In defense of this new rule, the agency argued that “there are many complications possible during labor that require immediate medical attention.”

Responding to this, women began to organize marches in 13 cities around Brazil. In the city of Sao Paulo, women bared their breasts, marched with posters that said “Our Children, Our Decision,” and chanted “Brazil, don’t follow Rio’s example.” By the end of the month, the resolution was reversed by court order and over 200 people gathered in Rio to celebrate the news.

According to the World Health Organization, people should avoid unnecessary surgeries, especially during childbirth—as there are many risks for a mother including infections, complications form anesthesia, hemorrhage, dangerous clots and an even longer recovery.

To reverse the trend toward C-section, Brazil’s federal government has decided to create a program called “The Stork Network” with the goal of “humanizing” the birthing process and teaching mothers and heath practitioners about the benefits of natural childbirth.

 

For further information, please see:

Mercury News – Brazilian Women Rebel Against C-Section Births – 12 August 2012

MSNBC – Brazilian Women Rebel Against C-Section Births – 12 August 2012

The Sun – Brazilian Women Rebel Against Cesarean Births – 12 August 2012

Yahoo News – Brazilian Women Rebel Against Cesarean Births – 12 August 2012

Syrian Revolution Digest – Friday 10 August 2012

From the Road!

Friday August 10, 2012

Cities & Towns Under Shelling: Harasta, Arbeen, Moadamiah, Harran Al-Awameed, Deir Al-Asafeer, Ain Terma, Zabadani, Madaya, Eltal, Dmeir, Hameh, Yelda, Rankous, Qarrah (Damascus Suburbs), Sit Zeinab, Al-Qadam, Midan, Tadamon, Al-Hajar Al-Aswad, Yarmouk, Kafar Sousseh, Mazzeh, Qaboun, Barzeh, Salhiyeh, Ruknaddine, Dafelshawk (Damascus City), Daraa City, Khirbet Al-Ghazaleh, Tafas, Bostra Al-Sham, Na’eemah, Mseifrah, Jimreen, Hraak , Saida, Tal Shihab (Daraa), Rastan, Talbisseh, Houla, Tal Kalakh, Al-Qusayr, Al-Hosn, Al-Ghanto, Al-Bouaydah, Old Homs (Homs Province), Hreitan, Elbab, Eizaz, Marei, Bayanoun (Aleppo Province), Haffeh, Jabal Al-Akrad (Lattakia), Deir Ezzor City, Mouhassan, Albou Kamal (Deir Ezzor Province), Kafar Zeiteh, Hawash, Shahshabo, Hama City (Hama Province), Jabal Al-Zawiyeh, Ma’rrat Al-Nouman, Saraqib, Maar Shoureen, Ariha, Kafroumah, Al-Rami, Khan Shaikhoon (Idlib).

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