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CRIMINALITY AND HUMAN RIGHTS

NCJ Number
56777
Journal
Ilanud al Dia Volume: 1 Issue: 3 Dated: (DECEMBER 1978) Pages: 30-35
Author(s)
M LOPEZ-REY
Date Published
1978
Length
6 pages
Annotation
UNITED NATIONS' DECLARATIONS HAVE REPEATEDLY STRESSED THE OBLIGATION OF ALL GOVERNMENTS TO RESPECT THE HUMAN RIGHTS OF POLITICAL PRISONERS AND INSTITUTIONALIZED OFFENDERS.
Abstract
THE FIFTH UNITED NATIONS CONGRESS ON CRIME PREVENTION AND OFFENDER TREATMENT SIGNIFICANTLY CONCURRED IN THE 1976 GENERAL ASSEMBLY DECLARATION BANNING THE USE OF TORTURE UNDER ANY CIRCUMSTANCES. COMPLIANCE WITH THIS BAN IS NOT EASILY ENFORCEABLE, HOWEVER, BECAUSE ONLY 22 PERCENT OF THE 146 MEMBER NATIONS ARE OPEN, DEMOCRATIC SOCIETIES. GOVERNMENTS OFTEN SUSPEND CONSTITUTIONAL GUARANTEES AND VIOLATE THE HUMAN RIGHTS OF THEIR CITIZENS BY INVOKING A SO-CALLED 'STATE OF EMERGENCY' IN RESPONSE TO POLITICALLY INSPIRED CRIMES BY TERRORISTS. HOWEVER, NEITHER INSTITUTIONALIZED VIOLENCE NOR CRIMES COMMITTED IN THE NAME OF ANY POLITICAL IDEOLOGY OF LIBERATION OR REPRESSION CAN BE CONDONED. NO PRISONERS, WHETHER CONVICTED OF POLITICAL OR COMMON CRIMES, MAY BE TORTURED (FOR INTERROGATION PURPOSES) OR SUBJECTED TO CRUEL, UNUSUAL, OR DEGRADING PUNISHMENT OR TREATMENT IN PRISON (THE LATTER CAN ALSO RESULT FROM NEGLIGENCE). BESIDES TORTURE, THE HUMAN RIGHTS VIOLATIONS PROSCRIBED BY THE UNITED NATIONS INCLUDE DENIAL OF HABEAS CORPUS, EXILE, NECESSARY DOMICILE, CIVIL RIGHTS DENIAL, GENOCIDE, ETHNOCIDE, PROPERTY CONFISCATION, POLITICAL EXECUTION, AND BRAINWASHING. THIS STUDY GIVES SOME UNITED NATIONS' STATISTICS ON HUMAN RIGHTS VIOLATIONS AGAINST INDIVIDUALS AND GROUPS, SUCH AS TORTURE CASES, IMPRISONMENT OF PEACEFUL DISSENTERS, AND PRISONERS' DEATHS. A CRITERION FOR DEFINING A COUNTRY AS 'ADVANCED' SHOULD BE ITS RESPECT OF THE HUMAN RIGHTS OF ALL ITS CITIZENS RATHER THAN THE LATTER'S PER-CAPITA INCOME. --IN SPANISH. (LGR)