Tag: prisoners

Only Court Can Transfer Undertrial Prisoners: JK High Court

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SRINAGAR: The JK and Ladakh High Court on Monday ruled that the power to transfer an undertrial prisoner from one jail to another only vests with the Magistrate or the Court.
Live Law Wire reported that the court or magistrate is the ultimate authority to shift an undertrail prisoner after it has remanded the detenue to a certain prison, and jail authorities cannot have a say in this.
Referring to the Prison Manual 2022-for the superintendence and management of prisons in the Union Territory of Jammu and Kashmir read with Prisoners Act, 1900, a bench comprising of Justice M A Chowdhary observed that the transfer of an undertrial can be done by a judicial order in this regard passed by a court.
“The power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by the Court by passing a judicial order, obviously after providing opportunity of being heard and that the change in the place of detention would be permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody,” bench observed.
The observations were passed while hearing a plea filed by a widowed mother seeking transfer of her undertrial son from district jail, Poonch to Central jail, Srinagar or any other jail close to his home to meet the ends of justice.
The Undertrail who is facing a trial for a case registered at Police Station Uri, Baramulla under various sections of the Narcotic Drugs and Psychotropic Substances Act (NDPS), has been in judicial custody since his arrest in July 2017,. He was removed from Sub Jail, Baramulla to District Jail, Poonch on the grounds that that he was not a disciplined prisoner and that he had misbehaved with the jail staff and created law and order situation in the jail.
After considering the contentions of the petitioner the bench observed that the widowed mother of the undertrail would visit him as and when needed while he was lodged in Baramulla jail but later he was shifted to District Jail, Poonch without any intimation to the petitioner.
The petitioner approached the Director General of Police, Prisons, J&K seeking transfer of her son to District Jail, Srinagar, but received no response and accordingly the petitioner filed an application in the trial court seeking change in custody, which was dismissed.

In view of the same the petitioner was constrained to file the instant petition seeking transfer/shifting of her son’s custody from District Jail, Poonch to Central Jail, Srinagar or any other jail near his home.
The court noted that the respondents have failed to place on record as to what were the jail offences that he committed and how he had been proceeded against and merely saying that he had been an undisciplined prisoner does not warrant to his transfer to a distant place.

Elaborating further on the matter Justice Chowdhary observed that though Section 417 of the Code of Criminal Procedure provides for appointment of the place of imprisonment by the State Government, however, in view of the interpretation by the Apex Court in State of Maharashtra & Ors. v. Saeed Sohail Sheikh 2013, the power to direct transfer of the undertrial prisoner from one jail to another clearly vests with the Magistrate/ Court which had remanded the detenue to a certain prison.

Underscoring that it will be difficult for a widowed mother to go to Poonch to meet her son, the court pointed out that petitioner, in this case, has been shifted from Sub Jail Baramulla to a distant prison which is at the farthest place in Jammu Division at Poonch.
“The petitioner’s family, in case they require to meet the petitioner as an undertrial in district jail, Poonch, have to travel all along from Kashmir to Jammu and then from Jammu to Poonch for almost two days,” the court said.
The court directed the respondents to shift the petitioner from district jail, Poonch and keep him in any other prison in Kashmir Division, preferably near his home, after seeking necessary orders on his behalf from the trial Court.

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#Court #Transfer #Undertrial #Prisoners #High #Court
( With inputs from : kashmirlife.net )

May 1, 2023
Saudi Arabia frees 13 Houthi prisoners as Omani officials visit Sanaa

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Riyadh: The Kingdom of Saudi Arabia (KSA) has released 13 Houthi prisoners, in exchange for a Saudi prisoner who was released earlier.
The release on Saturday came as Omani officials arrived in the Yemeni capital Sanaa as part of international efforts to end the years-long conflict in Yemen.
The head of the National Committee for Prisoners’ Affairs, Abd al-Qadir al-Murtada took to Twitter on Saturday, wrote, “Today, we received 13 Houthi prisoners and detainees who were released by the Saudi authorities in Sana’a International Airport in exchange for a Saudi prisoner whom we released earlier.”

He adds, “We hope that this step will be a prelude to the implementation of the deal agreed upon at the end of this week.”
Al-Murtada said, “The prisoners released today from Saudi prisons are part of the deal agreed upon by the United Nations.”
Al-Murtada indicated that the rest of the steps related to the full implementation of the deal will be completed next Thursday.
استقبلنا اليوم في مطار صنعاء الدولي 13 أسيراً ومعتقلاً أفرجت عنهم السلطات السعودية في مقابل أسير سعودي أفرجنا عنه في وقتٍ سابق.
ونأمل أن تكون هذه الخطوة مقدمة لتنفيذ الصفقة المتفق عليها نهاية هذا الإسبوع ان شاءالله. pic.twitter.com/eX1r6WQcXO
— عبدالقادر المرتضى (@abdulqadermortd) April 8, 2023
الأسرى المفرج عنهم اليوم من السجون السعودية
هم جزء من الصفقة المتفق عليها عبر الأمم المتحدة
ويوم الخميس القادم إن شاءالله سنستكمل بقية الخطوات بالتنفيذ الكامل للصفقة.
— عبدالقادر المرتضى (@abdulqadermortd) April 8, 2023
On March 20, 2023, the Yemeni government announced an agreement with the Houthi group to release 887 prisoners and abductees from both sides, including Saudis and Sudanese, at the conclusion of consultations held in Switzerland regarding the exchange of prisoners between the two parties.
In March 2022, the Yemeni government signed an agreement with the Houthis under the auspices of the United Nations (UN) to exchange more than 2,200 prisoners from both sides, but the process of their release stalled amid mutual accusations of obstructing it.

During consultations in Sweden in 2018, the two parties submitted lists of more than 15,000 prisoners, detainees and abductees, but no accurate official count of numbers is available after this date.
Yemen is suffering from a war that began after the Houthis took control of the capital, Sanaa, and several provinces at the end of 2014, and the conflict escalated since March 2015, after an Arab military coalition led by Saudi Arabia intervened to support the legitimate government forces, in the face of the Iranian-backed Houthi group.

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#Saudi #Arabia #frees #Houthi #prisoners #Omani #officials #visit #Sanaa
( With inputs from www.siasat.com )

April 9, 2023
SC orders all prisoners released on Covid-19 parole to surrender within 15 days

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New Delhi: The Supreme Court on Friday said that all prisoners, released on emergency parole by the state high-powered committees constituted on its order during the Covid pandemic, will have to surrender within 15 days.
A bench of Justices M.R. Shah and C.T. Ravikumar said: “All those under-trials/ convicts who have been released on emergency parole/interim bail pursuant to the recommendation of the High-Powered Committee, in compliance of the orders, dated March 23, 2020, May 7, 2021 and July 16, 2021, passed by this court in suo moto writ petitiona have to surrender before the concerned prison authorities within 15 days.”
The bench added that the present order be intimated to the accused/inmates concerned by the jail authorities that they have now to surrender within the period of 15 days.
“However, it is observed that thereafter after the concerned prisoners/inmates surrender before the concerned prison authorities, it will be open for the concerned undertrials to pray for bail before the competent court and their applications be considered in accordance with law and on its own merits.”
It further added that after the surrender by the concerned convicts who are released on emergency parole, it will be open for them, if so advised, to pray for suspension of sentence before the concerned court in their appeals which might have been pending, and which also may be considered in accordance with law and/or on merits.
The bench noted that it is not in dispute and cannot be disputed that all those undertrial prisoners/convicts were released on interim bail/emergency parole taking into consideration the overcrowding in the prisons and to prevent the spread of Covid-19 virus among prisoners in overcrowded prisons.
“All those undertrial prisoners/convicts therefore were not released on merit but were released on the aforesaid ground alone. Therefore, now when the Covid-19 situation has now been normalised, all those prisoners/inmates/undertrial prisoners/convicts who are/were released on emergency parole/interim bail have to surrender before the concerned prison authorities,” it said.
In March 2020, the apex court took suo motu cognisance of the medical assistance needed for prisoners in overcrowded jails to save them from coronavirus, and issued notices to the Chief Secretaries, the Home Secretaries, the DGs (Prisons) and Social Welfare Secretaries of all states and Union Territories.

During the first and second wave of the pandemic, the top court had passed several orders for grant of emergency parole to prisoners to avoid the overcrowding of prisons to contain the spread of the viral infection among them.
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#orders #prisoners #released #Covid19 #parole #surrender #days
( With inputs from www.siasat.com )

March 24, 2023
Dubai ruler pardons 971 prisoners ahead of Ramzan

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Abu Dhabi: Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, on Wednesday ordered the release of 971 prisoners, ahead of the holy month of Ramzan, the Dubai Media Office (DMO) reported.
This humanitarian gesture will give inmates of correctional and penal institutions in Dubai, a second chance at life.
UAE leaders usually pardon hundreds of prisoners each year in keeping with the spirit of the holy month.
Attorney General of Dubai Chancellor Essam Issa Al Humaidan said the pardon reflects Sheikh Mohammed bin Rashid Al Maktoum’s keenness to reunite the pardoned individuals with their families during the Holy Month
On Tuesday, President Sheikh Mohammed pardoned 1,025 prisoners before the start of Ramzan.
The humanitarian gesture to release prisoners before Ramzan, which was also made during religious holidays and other national occasions, aims to reward prisoners who have sought rehabilitation and release burdens from their families.
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#Dubai #ruler #pardons #prisoners #ahead #Ramzan

( With inputs from www.siasat.com )

March 22, 2023
Centre directs state govts to carry out Aadhaar authentication for prisoners

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New Delhi: The Centre has authorised state governments to carry out Aadhaar authentication of prison inmates on a voluntary basis so that they will be able to get health care, skilling, vocational training, interview with relatives and legal aid, among other services.
In a notification, the Union Home Ministry said the decision has been taken after it was authorised under Rule 5 of the Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020, for the targeted delivery of financial and other subsidies, benefits and services.
The Aadhaar authentication will be carried out on the prison inmates on a voluntary basis using Yes/No authentication facility for delivery of various benefits or facilities to which they are entitled, such as correctional reform measures, health, skilling, vocational training, interview with relatives, legal aid, etc, the notification said.
The prison authorities of the states and Union Territory administrations shall adhere to the guidelines with respect to the use of Aadhaar authentication as laid down by the central government, the notification said.
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#Centre #directs #state #govts #carry #Aadhaar #authentication #prisoners
( With inputs from www.siasat.com )

March 6, 2023
Nicaragua frees more than 200 political prisoners, sends them to Washington

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Nicaragua approached the U.S. about its plan to free prisoners and the release was not part of a larger agreement with the U.S., State Department spokesperson Ned Price told reporters. All individuals aboard the flight were asked if they wanted to come to the U.S. before boarding and two people opted not to make the trip.
The Nicaraguan embassy in Washington, D.C. did not immediately respond to a request for comment. A Nicaraguan judge denounced the prisoners as traitors being “deported” to the U.S.
Ortega has claimed the prisoners were detained for their involvement in plots to overthrow him during 2018 protests about police violence and changes to the country’s social security system.
The U.S. has been critical of the Nicaraguan government’s efforts to quell dissent by targeting protestors. Ortega’s security forces attacked demonstrators during the 2018 protests resulting in the death of 300 people and 100,000 Nicaraguans fleeing the country.
The White House praised the release of the prisoners, saying it “marks a constructive step towards addressing human rights abuses in the country and opens the door to further dialogue between the United States and Nicaragua regarding issues of concern.”
Francisco Aguirre-Sacasa, a former Nicaraguan foreign minister was detained in 2021 after criticizing Ortega and Murillo. His son, Roberto Aguirre-Sacasa, who is a screenwriter for television drama “Riverdale,” led a petition advocating for his release.
Francisco’s daughter Georgie Aguirre-Sacasa was relieved to learn of her father’s release earlier this morning and expressed gratitude for the lawmakers working to aid her family.
“There are no words I can say to thank the State Department, [former Sen. Chris Dodd], Sen. Bob Menendez and the administration for what they just did,” Augirre-Sacasa said. “It’s incredible.”

The U.S. government is providing medical and legal support to the newly released prisoners “to ease their arrival,” the administration said.
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#Nicaragua #frees #political #prisoners #sends #Washington
( With inputs from : www.politico.com )

February 10, 2023
30 female Iranian prisoners call for end to protester executions

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Tehran: Thirty female political prisoners in Evin Prison in Iran on Sunday have signed a petition calling for an end to the execution of protesters in the country, local media reported.
The prisoners, including Franco-Iranian researcher Fariba Adelkhah and Faezeh Hashemi, the daughter of former president Akbar Hashemi Rafsanjani, wrote in a petition that they had “come together to say ‘no’ to execution. We to defend people’s right to live in justice.”
“We, the political and ideological prisoners in the women’s ward of Evin Prison, demand an end to the execution of protesters and an end to unjust sentences of prisoners in Iran,” said the petition.
طالبت 30 سجينة سياسية إيرانية بسجن إيفين في طهران، بينهم فايزة هاشمي وفريبا عادلخاه، عبر رسالة مفتوحة بوقف إعدام المتظاهرين وإنهاء الأحكام الجائرة بحق المعتقلين في #إيران.
— إيران إنترناشيونال-عربي (@IranIntl_Ar) January 22, 2023
The petition was also signed by Niloufer Bayani, the former representative of the United Nations Environment Program in Iran who was sentenced to 10 years in prison in 2020 for “conspiring with America as a hostile government,” AFP reported.
Human Rights Activists News Agency (Hrana) reported that four people have already been executed and 110 others face execution in protest-related cases.
Iran’s protests erupted on September 16, following the death in custody of 22-year-old Mahsa Amini, after she was arrested for wearing a headscarf improperly.
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#female #Iranian #prisoners #call #protester #executions
( With inputs from www.siasat.com )

January 24, 2023