scholarly journals Education Training and Human Rights of the Prisoners in Bangladesh

2018 ◽  
Vol 1 (2) ◽  
pp. 26-70
Author(s):  
M Abdul Hamid ◽  
Hosneara Begum

Every human being is entitled to the inherent rights of nature. They are entitled to possess these rights subject to the provisions of the law applied to the land. The concept of society is meaningless without the presence of these inherent rights of a human being. The term human rights are being collectively used to mean those legal claims which are related to mankind. And such type of universal rights of human beings grew in mankind from the very ancient time. These rights are so inherent that without these a man cannot think of living with due dignity. Human rights therefore represent minimal moral standards for human society. Every country has its own criminal justice delivery system under which certain acts or omission is regarded as crime and sufficient sanctioning measures are there. An individual who is charged with the commission of a crime is regarded as an accused. Accused who is arrested and forwarded for criminal trial is called a prisoner. A prisoner has the right to defend himself against the charges brought against him/her by every facility ensured by the law. Many efforts in international and in municipal arena as well are found for the promotion and protection of the rights of public in general and of the prisoners in particular. For this purpose some important and remarkable human rights instruments like the Universal Declaration of Human Rights, 1948, the International Covenant on Civil and Political Rights, 1966, the United Nations Standard Minimum Rules for the Treatment of Prisoners, 1957, the United Nations Draft Body of Principles for the Protection of All Persons Under Any form of Detention or Imprisonment, 1988 and in various domestic legislations. However, our present judicial system is surrounded by thousands of problems. Throughout the whole country paucity of courts or judges are common feature of our judicial system. Moreover, the unhygienic environment in the prisons caused by the overcrowding of prisoners need to be examined for the protection of the rights of the prisoners. Protection of the rights and interests of the prisoners as well as there psychological and economic assistance is vitally important for the fair implementation of criminal laws and also for gaining public confidence in criminal justice system. Therefore, this study seeks to explore those particular factors that impair the criminal justice system, which is essentially important for the protection of the rights of the prisoners. This study also seeks to correlate international and national protection of human rights which are applicable to the prisoners’ criminal proceedings in particular. The condition of the prisoners in the jail custody of Bangladesh has been set forth in detail and a comparison with the different international and domestic instruments are dealt with in this study. The purpose of this study is to show and examine the legal position of the prisoners and recognition of their rights including education and training of the prisoners within the purview of international as well as municipal law of Bangladesh. This study has also been reflected on human rights situation with regard to the prisoners in Bangladesh. Another issue is to be taken into consideration that, a human being of any age may commit crime. During the period when an accused or a convict remains within the walls of the prison cells usually can not take formal education of the land and there is a high apprehension that after his or her release he/she may be involved again in crime immediately. Therefore, if these persons can achieve necessary education and training during their stay in prison they can lead a better life after release from jail custody by utilizing those education and training in the remaining portion of their life in the society. This research work aims at focusing on the necessity and implication of education and training in the life of the prisoners of Bangladesh. In addition, this study finds out the facade of the real conditions of the prisoners through a number of case studies.

2018 ◽  
Author(s):  
Fransiska Novita Eleanora

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.


Author(s):  
Yvon Dandurand

The United Nations General Assembly will soon adopt a new instrument to help prevent violence against children: the United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice. The new instrument should help States give full effect to Article 19 of the Convention on the Rights of the Child. It is an important tool because it is the first international instrument to articulate the responsibility of the criminal justice system, in cooperation with child protection and other agencies, to prevent and respond to violence against children. The instrument aims to improve the effectiveness of the criminal justice system in preventing, prohibiting and responding to all forms of violence against children, as well as preventing any violence against children which may occur during their contacts with that system. The article introduces the new instrument, describes its main features and relates them to several of the difficult challenges every society faces in preventing violence against children.


2017 ◽  
Vol 3 (1) ◽  
pp. 89-112
Author(s):  
Harrison O Mbori

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.


2009 ◽  
Vol 26 (3) ◽  
pp. 24-40
Author(s):  
Ogechi Anyanwu

The reemergence of the Shari`ah in northern Nigeria in 2000 is reshaping the Muslims’ criminal justice system in unintended ways. This article accounts for and provides fresh insights on how the fate of Muslim women under the Shari`ah intertwines with the uncertain future of the law in Nigeria. Using Emile Durkheim’s theory of conscience collective as an explanatory framework of analysis, I argue that the well-placed objective of using the Shari` ah to reaffirm or create social solidarity among Muslim Nigerians has been undermined by the unequal, harsher punishments and suppression of human rights perpetrated against Muslim women since 2000. A I show, not only does such discrimination violate the principle of natural justice upheld by Islam, but it also threatens to shrink, if not wipe out, the collective conscience of Nigerian Muslims that the law originally sought to advance.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.


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