Death in custody

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]

By country

Algeria

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.

Argentina

Australia

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.

Burma

Chad

China

Congo

Cuba

Egypt

Germany

India

In the financial year 2021–22, the National Human Rights Commission reported 2152 deaths in judicial custody and 155 deaths in police custody.^[4]

Indonesia

Iran

^[5]

^[6]

Ireland

Italy

Main article (IT): Homicide of Stefano Cucchi

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

Laos

Libya

Malaysia

Mexico

Morocco

The Netherlands

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.^[7] After his death, there were several weeks of riots throughout the Netherlands.

North Korea

Norway

About 40 people have died in police custody over a period of 20 years following 1990.^[8] Additionally there's been 45 suicides in custody over a 10-year period from 2008.^[9]

Pakistan

Russia

See Sergei Magnitsky; Salman Raduyev; Maxim Martsinkevich.

Saudi Arabia

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.^[10]

Sudan

Syria

Turkey

UAE

United Kingdom

United States

Definition of custody

The term "in custody" has been debated in both California v. Beheler^[11] (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.^[12] Although Miranda law has roughly defined custody as the "formal arrest or restraint on freedom of movement,"^[11] 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.^[13]

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.^[14]^[15] 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).^[14]

Estimates

The Bureau of Justice Statistics estimates that 17,358 individuals in custody died during the period from 2007 to 2010.^[16] 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.^[17] 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).^[18] 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.^[18]

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.^[19]

Selected persons who have died in custody

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^[20]
Freddie Gray (suffered injuries while being transported by police in Baltimore, Maryland, that led to a coma and his death)
Stephen Kovacs (committed suicide in New Jersey prison cell)
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)^[21]
Elliott Williams (died in his Tulsa County, Oklahoma jail cell due to complications from multiple injuries)
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)
Jeffrey Epstein died August 10, 2019, at the Metropolitan Correctional Center, New York due to alleged suicide, although this has been subject to conspiracy theories.^[22]
Ruby Evans(blunt force trama)Lee Arrendale State Prison

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.^[23] These include but are not limited to: murder, mutilation, hostage taking, and outrages upon personal dignity.^[24] 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

Yemen

Zimbabwe

References

^ Fruehwald, Stefan; Frottier, Patrick (2002-11-12). "Death behind bars". CMAJ. 167 (10). Cmaj.ca: 1127–1128. PMC 134293. PMID 12427704. Retrieved 2015-02-25.
^ Stefan Fruehwald; Patrick Frottier. "Death behind bars" (PDF). Cmaj.ca. Retrieved 2015-02-25.
^ 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.
^ "Over 2,150 cases of deaths in judicial custody in 2021-22: Govt". India Today. Press Trust of India. 23 March 2022.
^ https://www.ohchr.org/en/press-releases/2024/03/iran-institutional-discrimination-against-women-and-girls-enabled-human
^ https://www.ohchr.org/en/press-releases/2024/03/iran-institutional-discrimination-against-women-and-girls-enabled-human
^ OM vervolgt twee agenten voor dood Mitch Henriquez, NU.nl, 19 september 2016
^ "Politiet siktet etter dødsfall på glattcelle". Dagbladet.no (in Norwegian). 2009-05-12. Retrieved 2019-02-24.
^ "45 selvmord i norske fengsler på ti år". www.vg.no (in Norwegian). 25 November 2018. Retrieved 2019-02-24.
^ "Centre for the Study of Violence and Reconciliation". Csvr.org.za. Retrieved 2015-02-25.
^ ^a ^b "California v. Beheler". Find Law. March 14, 2017.
^ Holcomb, Jayme (February 20, 2016). "When does handcuffing constitute custody for purposes of Miranda". FBI.
^ "Arrest related deaths". Bureau of Justice Statistics. March 14, 2017.
^ ^a ^b "Data Collection: Deaths In Custody Reporting Program (DCRP)". Bureau of Justice Statistics. March 14, 2017.
^ Ross, Darrell (2006). Sudden Deaths in Custody. Totowa, N.J.: Humana Press. pp. 15–138. ISBN 978-1-58829-475-3.
^ Zheng, Zhen (2016). "Assessing Inmate Cause of Death" (PDF). Bureau of Justice Statistics.
^ 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. S2CID 44076434.
^ ^a ^b 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.
^ "Death in Police Custody". The Marshall Project. February 12, 2017.
^ "CRRJ Provides First Full Account of Notorious 1947 Georgia Jailhouse Killing", Civil Rights and Restorative Justice Project, 2016
^ 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
^ "Disgraced financier Epstein found dead in cell". BBC News. 2019-08-10. Retrieved 2020-09-10.
^ Kim, Jonathan (July 2016). "Geneva Conventions". Cornell University Law School.
^ "Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949". International Committee of the Red Cross. March 15, 2017.

[1] Fruehwald, Stefan; Frottier, Patrick (2002-11-12). "Death behind bars". CMAJ. 167 (10). Cmaj.ca: 1127–1128. PMC 134293. PMID 12427704. 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] "Over 2,150 cases of deaths in judicial custody in 2021-22: Govt". India Today. Press Trust of India. 23 March 2022.

[5] ttps://www.ohchr.org/en/press-releases/2024/03/iran-institutional-discrimination-against-women-and-girls-enabled-human

[6] ttps://www.ohchr.org/en/press-releases/2024/03/iran-institutional-discrimination-against-women-and-girls-enabled-human

[7] OM vervolgt twee agenten voor dood Mitch Henriquez, NU.nl, 19 september 2016

[8] "Politiet siktet etter dødsfall på glattcelle". Dagbladet.no (in Norwegian). 2009-05-12. Retrieved 2019-02-24.

[9] "45 selvmord i norske fengsler på ti år". www.vg.no (in Norwegian). 25 November 2018. Retrieved 2019-02-24.

[10] "Centre for the Study of Violence and Reconciliation". Csvr.org.za. Retrieved 2015-02-25.

[:0-11] "California v. Beheler". Find Law. March 14, 2017.

[12] Holcomb, Jayme (February 20, 2016). "When does handcuffing constitute custody for purposes of Miranda". FBI.

[13] "Arrest related deaths". Bureau of Justice Statistics. March 14, 2017.

[:1-14] "Data Collection: Deaths In Custody Reporting Program (DCRP)". Bureau of Justice Statistics. March 14, 2017.

[15] Ross, Darrell (2006). Sudden Deaths in Custody. Totowa, N.J.: Humana Press. pp. 15–138. ISBN 978-1-58829-475-3.

[16] Zheng, Zhen (2016). "Assessing Inmate Cause of Death" (PDF). Bureau of Justice Statistics.

[17] 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. S2CID 44076434.

[:2-18] 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.

[19] "Death in Police Custody". The Marshall Project. February 12, 2017.

[20] "CRRJ Provides First Full Account of Notorious 1947 Georgia Jailhouse Killing", Civil Rights and Restorative Justice Project, 2016

[cbs-21] 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

[22] "Disgraced financier Epstein found dead in cell". BBC News. 2019-08-10. Retrieved 2020-09-10.

[23] Kim, Jonathan (July 2016). "Geneva Conventions". Cornell University Law School.

[24] "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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