A death in custody is a death of a person in the custody of the police, other authorities, or while in prison. 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]
The killing of civilians is mentioned under Article 8(2)(a)(i) of the Rome Statute. And the act of killing civilians would be considered a war crime under ICC Statute.
See main article: Human rights in Argentina.
In Australia, deaths in custody automatically trigger an inquest.[3]
At least 32 people have died in "Operation Clean Heart" by the government of Bangladesh.
See main article: Insein Prison and Human rights in Burma.
See main article: Human rights in Chad.
See main article: Human rights in the Democratic Republic of the Congo.
See main article: Human rights in Cuba.
See main article: Human rights in Egypt.
In the financial year 2021–22, the National Human Rights Commission reported 2152 deaths in judicial custody and 155 deaths in police custody.[4]
See main article: Cipinang Penitentiary Institution.
See main article: 1988 executions of Iranian political prisoners.
See main article: Woman, Life, Freedom movement. [5]
See main article: Mahsa Amini. [5]
See main article: Terence Wheelock.
See main article: Human rights in Italy.
"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.
See main article: Human rights in Japan.
See main article: Human rights in Laos.
See main article: Abu Salim prison.
See main article: Human rights in Mexico.
See main article: Human rights in Morocco.
See also: Death of Slobodan Milošević. On the 27th of June 2015, Mitch Henriquez was arrested at the Malieveld in The 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 the Netherlands.
See main article: Human rights in North Korea.
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]
See main article: Human rights in Pakistan.
See Sergei Magnitsky; Salman Raduyev; Maxim Martsinkevich.
See main article: Human rights in Somalia.
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]
See main article: Prisons in Turkey.
See main article: Human rights in the United Arab Emirates.
See main article: UK deaths in custody.
See also: Lists of killings by law enforcement officers in the United States.
The term "in custody" has been debated in both California v. Beheler[10] (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.[11] Although Miranda law has roughly defined custody as the "formal arrest or restraint on freedom of movement," 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.[12]
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.[13] [14] 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).
The Bureau of Justice Statistics estimates that 17,358 individuals in custody died during the period from 2007 to 2010.[15] 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.[16] 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).[17] 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.
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.[18]
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.[22] These include but are not limited to: murder, mutilation, hostage taking, and outrages upon personal dignity.[23] These ratified documents are the base of US international custody law and can be seen to be misapplied in some of the proceeding cases.
See main article: Human rights in Vietnam.
See main article: Human rights in Yemen.
See main article: Human rights in Zimbabwe.