Zgony osób pozbawionych wolności w warunkach izolacji penitencjarnej w Polsce
Inmates’ deaths in penitentiary units in Poland
Author(s): Ewa DawidziukSubject(s): Civil Law, Human Rights and Humanitarian Law, Health and medicine and law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: prisoners’ rights; right to life; death; suicide; serious illness; right to healthcare; COVID-19;
Summary/Abstract: The article analyzes the issue of deaths of convicts and pretrial detainees in penitentiary units, as a special type of emergency event in the light of the right to life the right to health protection and the right to ensure personal safety. The purpose of the article is to analyze the current legal regulations, and statistical data for the period 2002–2022, and to point out the groups at risk, and therefore those vulnerable to death in penitentiary isolation. It also considers the basic international standards of the UN and Council of Europe as they relate to the treatment of persons deprived of their liberty in prisons in the context of the issue at hand. The conclusions that arise from the analysis boil down to the statement that elderly and terminal prisoners are particularly vulnerable to death in penitentiary isolation. The principle of humanitarian treatment should induce release from the penitentiary unit, which is served by existing legal institutions relating to convicts as well as pretrial detainees. Statistical data should eventually be collected on deaths on a broader scale, which will allow in-depth analysis. Indeed, the state should strive to minimize deaths in penitentiary units, including suicide deaths.
Journal: Studia Prawnoustrojowe
- Issue Year: 2024
- Issue No: 63
- Page Range: 67-86
- Page Count: 20
- Language: Polish