 | This articleneeds additional citations forverification. Please helpimprove this article byadding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Death in custody" – news ·newspapers ·books ·scholar ·JSTOR(July 2009) (Learn how and when to remove this message) |
| Criminology andpenology |
|---|
 |
Theory |
Adeath in custody is a death of a person in thecustody of thepolice or other authorities or while inprison. In the 21st century, death in custody remains a controversial subject, with the authorities often being accused of abuse, neglect and cover-ups of the causes of these deaths.[1][2]
In Australia, deaths in custody automatically trigger aninquest.[3]
At least 32 people have died in "Operation Clean Heart" by the government of Bangladesh.
In thefinancial year 2021–22, theNational Human Rights Commission reported 2152 deaths injudicial custody and 155 deaths inpolice custody.[4]
"At least 650 people have been killed by police officers in Jamaica since 1999. Many of these have been blatantly unlawful killings, yet not one officer has been convicted since then."Piers Bannister,Amnesty International's Jamaica researcher.
On the 27th of June 2015,Mitch Henriquez was arrested at theMalieveld inThe Hague after he claimed to have a weapon. During the arrest he suffocated due to the chokehold of two police officers. They were put on trial and served sentences for manslaughter.[6] After his death, there were several weeks of riots throughout theNetherlands.
About 40 people have died in police custody over a period of 20 years following 1990.[7] Additionally there's been 45 suicides in custody over a 10-year period from 2008.[8]
South Africa has an unusually high level of deaths in custody. For example, in April to June 1997, there were 56 deaths in custody.[9]
One of the most widely reported cases in Turkey was the death of teacherGökhan Açıkkollu in police custody in August 2016, during the state of emergency declared after the failed coup attempt. His death drew attention from human rights organizations, political figures, and international bodies including the UN Human Rights Committee, which later found violations of the right to life and the prohibition of torture in his case.[10] Similarly, in 2018, teacher Halime Gülsu - who suffered from lupus - died in prison after she was denied access to essential medication, a death that human rights organizations attribute to medical neglect.[11]
The term "in custody" has been debated in bothCalifornia v. Beheler[12] (in regards to what constitutes custody in the requirement to readMiranda rights) but also in other federal court cases related to Miranda law and definition of custody.[13] AlthoughMiranda law has roughly defined custody as the "formal arrest or restraint on freedom of movement,"[12] colloquial language may be less restrictive in the use of custody and is thus sometimes difficult to distinguish from the process ofarrest. In addition to collecting data on those who have died in custody, theBureau of Justice Statistics also tracks all deaths related to arrest. This aids in collecting data from the fringes of custody or attempts to arrest an individual.[14]
The causes for death in police custody may range from suspectedhomicide by members of the police, killings by other inmates, death due topsychological orphysical abuse,capital punishment, tosuicide, accidental death, ornatural causes.[15][16] TheUnited States Bureau of Justice Statistics collects data regarding both the cause of death, as well as medical and criminal records of those that die in police custody (restricted to those in federal prison and local jails).[15]
TheBureau of Justice Statistics estimates that 17,358 individuals in custody died during the period from 2007 to 2010.[17] Other publications focus on the rate per 100,000. US jails report deaths that total amortality rate of 128, and prisons at 264 per 100,000.[18] There are differences in methodology used to obtain these statistics, as some jurisdictions include deaths during attempted arrests, while others do not.
Other research has focused on specific states, such asMaryland and the rate of death by identity (gender, race, age).[19] Based on some findings, African-American males appear to be over-represented as victims of sudden custody deaths. Further research with larger sample sizes is necessary.[19]
The Marshall Project collects and produces reports on police killings as well as maintaining a curated list of links to articles and publications related to death in police custody in the United States.[20]
There are numerous laws and international treaties regarding treatment of foreigners, especially during wartime, of which theGeneva Convention is the most widely recognized and internationally ratified. It contains provisions that classify and define both prisoners of war (as well as civilians and the wounded or infirm) and the manner in which they are to be treated.[24] These include but are not limited to: murder, mutilation, hostage taking, and outrages upon personal dignity.[25] These ratified documents are the base of US international custody law and can be seen to be misapplied in some of the proceeding cases.