The United Nations revised the Standard Minimum Rules for the Treatment of Prisoners on Wednesday to better protect the human rights of prisoners. The changes may seem mostly symbolic in our nation, as more and more cases arise where law enforcement officials did not comply with the rules and violated human rights.
The rules were originally adopted 60 years ago and serve as guidelines on the minimum acceptable conditions for prisoners. The United States, a member of the UN, approved the rules at the time through the Economic and Social Council. A preliminary observation in the document concedes that not all of the rules can be kept “in all places and at all times,” due to legal, social, economic and geographical challenges, but they should be sought as what is minimally accepted by the United Nations. Yet simply, the rules are not legally binding, and it shows as more people die in police custody.
One case is that of David Stojcevski, a 32-year-old Michigan resident who was arrested for failing to pay a careless driving fine. Stojcevski was sentenced to spend 30 days in jail. He didn’t live to see the 18th day. After being arrested, Stojcevksi was evaluated by a nurse who recommended he be placed in a detoxification unit. Instead, he was placed in a regular cell, but was eventually moved to a mental health cell and placed on suicide watch after acting erratic. Yet, Stojcevski was not suffering from mental health issues, but rather, he had begun going into withdrawal from being unable to take medications legally prescribed by a doctor in order to beat drug addiction.
Over the course of his confinement, Stojcevski lost 50 pounds, suffered convulsions, got into a fight with another inmate and began to hallucinate. In the end, Stojcevski died. During all of this, Stojcevski was not given any medical attention by jail officials who were supposed to be observing him. Stojcevski had in fact been placed under self-harm watch, with his cell being monitored 24 hours a day by a jail surveillance camera. With this level of surveillance, over this long a period of time, it is hard to understand why officials did not intervene to help.
It is easy to note, though, that Stojcevski was not protected anywhere near what the UN rules dictate. One rule asks for a medical officer to examine sick prisoners daily, especially those who complain of illness or for whom special attention is required. Stojcevski may not have even been treated adequately by our own laws, and his family is suing the state. One lawyer for the county told WDIV, the Detroit news agency that broke the story, that the lawsuit lacked legal merit and expects the family to lose the case. Yet, according to Hg.org, a network of law firms, medical care for prisoners is not required to be the best available or standard care, but it must at the very least be “adequate.” A man’s seemingly preventable death hardly appears to be “adequate”. One expert told WDIV that Stojceski’s death, caused by withdrawal, could have been prevented if action had been taken.
Even Stojceski’s arrest appears to be unwarranted from what the UN seeks for human rights. Ivan Šimonović, Assistant Secretary-General for Human Rights, said that while the revised rules are a step in the right direction, they do not go far enough. Šimonović raised concerns over language in the rules, including recognition that some countries can imprison people for debt, in direct contradiction with article 11 of the International Covenant on Civil and Political Rights. Stojceski’s arrest, caused by failing to pay a traffic fine, seems to be imprisonment for debt. Official records labeled the cause for his arrest as “obstruction of justice.”
Stojcevski’s case is recent, but it is not the only one. In August, Ohio resident Ralkina Jones died in custody just hours after she told officials that she was concerned she could die in the jail cell due to medical conditions. Jones can be seen on video describing her medical history in depth to officials, telling them she had POTS syndrome and a brain injury. Jones told officials she needed medication and specifically said “I don’t want to die in your cell.” The police officials in the video appeared to be understanding of her situation, sympathizing with her when she explained concern that other officials had been dismissive of her worries. While the officials gave Jones some limited options, she did not receive the medication she said she needed. Jones was found dead 15 hours after she was taken into custody. With concerns of that magnitude, it should be evident to officials that immediate action is needed, whether that means taking Jones to a hospital or finding an appropriate work-around. Leaving her in a cell with no medication is not adequate. Her life was lost, and it could have been prevented.
There are other cases, too, such as those of Trevor Proudman and Terrell Day. Both Proudman and Day died because they were unable to breathe. Proudman, who was obese, died because of the way he was handcuffed. Day was kept lying on his back, despite telling officers he was having trouble breathing. Experts say their deaths were preventable, and were caused because of the positions they were in.
There are of course countless more cases, yet all of these cases share a horrifying link: they could have been prevented. Either due to negligence, ignorance, or apathy, lives were lost, and at least one for having failed to pay a traffic violation. The work of police is extremely important, and it does not stop simply after taking someone into custody. Officials must make sure that those taken into custody are in adequate conditions and do not die needlessly. We must see some sort of change in our police, either through better training or better hiring. It is inconceivable for things to remain the same, as it will become impossible for society to place its trust in police over their lives in the face of these incidents.
One of the UN rules makes this point eloquently:
“The prison administration shall provide for the careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of the institutions depends.”
Sources:
http://www.cbc.ca/...
http://abcnews.go.com/...
https://reason.com/...
http://www.clickondetroit.com/...
http://www.huffingtonpost.com/...
http://www.ohchr.org/...
http://www.hg.org/...
http://www.un.org/...