Death in custody

A death in custody is a death of a person in the custody of the police, other authorities or in prison. In the 21st century, death in custody remains a controversial subject, with the authorities often being accused of abuse, neglect, racism and cover-ups of the causes of these deaths.[1][2]

By country

Algeria

See Human rights in Algeria

Argentina

See Human rights in Argentina

Australia
Further information: Punishment in Australia § Deaths in custody, and Aboriginal deaths in custody

In Australia, deaths in custody automatically trigger an inquest.[3]

Bangladesh

At least 32 people have died in "Operation Clean Heart" by the government of Bangladesh.See Human rights in Bangladesh

Burma

See Insein Prison, Human rights in Burma

Chad

See Human rights in Chad

China

See Human Rights in China.

Congo

See Human rights in the Democratic Republic of the Congo

Cuba

See Human rights in Cuba

Egypt

See Human rights in Egypt

Finland

At least 460 people have died in police custody since 1990. About 20 people die in police custody a year, down from 28-30 per year in the nineties.[4]

Germany

India

See Police encounter

Indonesia

See Cipinang Penitentiary Institution

Iran

See 1988 executions of Iranian political prisoners and Deaths in custody in Iran

Ireland

See Terence Wheelock

Jamaica

"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.

Japan

See Human rights in Japan

Laos

See Human rights in Laos

Libya

See Abu Salim prison

Malaysia

Mexico

See Human rights in Mexico

Morocco

See Human rights in Morocco

The Netherlands

See Milan Babić#Death, Death of Slobodan Milošević.

North Korea

See Human rights in North Korea

Norway

About 40 people have died in police custody over a period of 20 years following 1990. [5] Additionally there's been 45 suicides in custody over a 10 year period from 2008. [6]

Pakistan

See Human rights in Pakistan

Russia
Further information: Human rights in Russia

See Sergei Magnitsky; Salman Raduyev.

Saudi Arabia

See Human rights in Saudi Arabia

Somalia

See Human rights in Somalia

South Africa

South Africa has an unusually high level of deaths in custody. For example, in April to June 1997, there were 56 deaths in custody.[7]

Sudan

See Human rights in Sudan

Syria

See Tadmor Prison massacre

Turkey

See Prisons in Turkey

UAE

See Human rights in the United Arab Emirates

United Kingdom
Main article: UK deaths in custody

United States
See also: Human rights in the United States § Justice system

Definition of custody

The term "in custody" has been debated in both California v. Beheler[8] (in regards to what constitutes custody in the requirement to read Miranda rights) but also in other federal court cases related to Miranda law and definition of custody.[9] Although Miranda law has roughly defined custody as the "formal arrest or restraint on freedom of movement,"[8] colloquial language may be less restrictive in the use of custody and is thus sometimes difficult to distinguish from the process of arrest. In addition to collecting data on those who have died in custody, the Bureau 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.[10]

Causes of death

The causes for death in police custody may range from suspected homicide by members of the police, killings by other inmates, death due to psychological or physical abuse, capital punishment, to suicide, accidental death, or natural causes.[11][12] The United 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).[11]

Estimates

The Bureau of Justice Statistics estimates that 17,358 individuals in custody died during the period from 2007-2010.[13] Other publications focus on the rate per 100,000. US jails report deaths that total a mortality rate of 128, and prisons at 264 per 100,000.[14] 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 as Maryland and the rate of death by identity (gender, race, age).[15] 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.[15]

Watchdog organizations

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.[16]

Selected persons who have died in custody
  • George Floyd died in May 2020 after a police officer held his knee on Floyd’s neck for almost nine minutes while handcuffed. Floyd’s death sparked major protests against police brutality across the United States.
  • Sandra Bland (woman found hanging in her Waller County, Texas jail cell due to apparent suicide)
  • Henry "Peg" Gilbert, shot in police custody in 1947 in Harris County, Georgia; the sheriff claimed self-defense, but Gilbert, a prosperous farmer, was found to have been severely beaten before being shot[17]
  • Freddie Gray (suffered injuries while being transported by police in Baltimore, Maryland, that led to a coma and his death)
  • Michael Tyree (a mentally ill inmate held in a California county jail was beaten to death by three guards, who were convicted in June 2017 of his death)[18]
  • Elliott Williams (died in his Tulsa County, Oklahoma jail cell due to complications from multiple injuries)
  • Ricardo Alfonso Cerna (committed suicide in police interview room)
  • Missouri State Penitentiary riot (death of four inmates)
  • New Mexico State Penitentiary riot (33 inmate deaths and over 200 injuries)
  • Darren Rainey (scalded to death in shower at Dade Correctional Institution in 2012)

Foreign custody by American agents (police, military, etc.)
International custody law

There are numerous laws and international treaties regarding treatment of foreigners, especially during wartime, of which the Geneva 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.[19] These include but are not limited to: murder, mutilation, hostage taking, and outrages upon personal dignity.[20] These ratified documents are the base of US international custody law and can be seen to be misapplied in some of the proceeding cases.

Examples of persons who have died in custody
  • Jamal Naseer (Afghan soldier allegedly beaten to death by US forces)
  • Nagem Hatab (Iraqi killed by elements and possible heart attack)
  • Manadel al-Jamadi (suspected terrorist tortured and killed)

Vietnam

See Human rights in Vietnam

Yemen

See Human rights in Yemen

Zimbabwe

See Human rights in Zimbabwe

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See also

References
  1. "Death behind bars". Cmaj.ca. 2002-11-12. Retrieved 2015-02-25.
  2. Stefan Fruehwald; Patrick Frottier. "Death behind bars" (PDF). Cmaj.ca. Retrieved 2015-02-25.
  3. Davidson, Helen; Allam, Lorena; Wahlquist, Calla; Evershed, Nick (30 August 2018). "'People will continue to die': coroners' 'deaths in custody' reports ignored". Guardian Australia. Retrieved 10 September 2018.
  4. "Suomessa sattuu putkakuolemia parikymmentä vuodessa - Putkakuolemat - Kotimaa - Helsingin Sanomat". Hs.fi. Retrieved 2015-02-25.
  5. "Politiet siktet etter dødsfall på glattcelle". Dagbladet.no (in Norwegian). 2009-05-12. Retrieved 2019-02-24.
  6. "45 selvmord i norske fengsler på ti år". www.vg.no (in Norwegian). Retrieved 2019-02-24.
  7. "Centre for the Study of Violence and Reconciliation". Csvr.org.za. Retrieved 2015-02-25.
  8. "California v. Beheler". Find Law. March 14, 2017.
  9. Holcomb, Jayme (February 20, 2016). "When does handcuffing constitute custody for purposes of Miranda". FBI.
  10. "Arrest related deaths". Bureau of Justice Statistics. March 14, 2017.
  11. "Data Collection: Deaths In Custody Reporting Program (DCRP)". Bureau of Justice Statistics. March 14, 2017.
  12. Ross, Darrell (2006). Sudden Deaths in Custody. Totowa, N.J.: Humana Press. pp. 15–138. ISBN 978-1-58829-475-3.
  13. Zheng, Zhen (2016). "Assessing Inmate Cause of Death" (PDF). Bureau of Justice Statistics.
  14. Heide, Steffen (2016). "Deaths in Police Custody". Journal of Forensic and Legal Medicine. 57: 109–114. doi:10.1016/j.jflm.2016.01.026. PMID 29801944.
  15. Southall, Pamela (2008). "Police custody deaths in Maryland, USA: An examination of 45 cases". Journal of Forensic and Legal Medicine. 15 (4): 227–230. doi:10.1016/j.jflm.2007.10.005. PMID 18423355.
  16. "Death in Police Custody". The Marshall Project. February 12, 2017.
  17. "CRRJ Provides First Full Account of Notorious 1947 Georgia Jailhouse Killing", Civil Rights and Restorative Justice Project, 2016
  18. CBS/Associated Press (AP), "3 Calif. jail guards found guilty in death of mentally ill inmate", CBS News, 01 June 2017; accessed 20 October 2018
  19. Kim, Jonathan (July 2016). "Geneva Conventions". Cornell University Law School.
  20. "Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949". International Committee of the Red Cross. March 15, 2017.
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