The necessity of accountability for judicial authorities and prisons / Qasem Badi
From the moment a person is placed in a state of imprisonment and deprived of freedom, they will not be able to provide many of their basic needs, including facilities and necessary conditions for health and medical matters. This responsibility falls on the government, prison administration, and the provision of necessary measures and training, in order to provide the necessary grounds and means for the detained individual to access health and medical services, alongside other necessary facilities. In this regard, women in prison require special attention and more facilities, taking into account their unique circumstances and needs compared to men.
The right to health is considered one of the most fundamental human rights, which is mentioned and emphasized in international documents as well as the laws of the Islamic Republic. Respect for human dignity and respect for the inherent dignity of the individual, who for any reason has been deprived of their freedom, is emphasized in Article 10 of the International Covenant on Civil and Political Rights. It is the duty of the government to ensure and protect this human right. However, what happens in detention centers and prisons of the Islamic Republic, based on undeniable reports and evidence, is a violation of this fundamental right for prisoners. This is happening while governments cannot impose other punishments in addition to restricting the freedom of prisoners; what is being taken away is only the right to freedom and other human rights must be guaranteed and respected.
The dominant security approach in the Islamic Republic in various aspects causes many human rights principles to be ignored and forgotten. The official capacity of Iranian prisons is around eighty-five thousand people, but in reality, the number of prisoners is at least three times the authorized capacity, making it impossible to provide adequate sanitary conditions. Additionally, according to statistics released by the authorities of the Islamic Republic, about 4 to 5 percent of the total number of prisoners are women. This statistic results in the situation of female prisoners being largely overlooked, despite their specific needs. Article 158 of the Executive Regulations of the Prisons and Correctional Measures Organization, approved by the head of the judiciary in 2021, although seemingly addressing these needs and committing to providing for them, in practice we witness the deplorable situation of prisoners, especially female prisoners. Lack of sanitary facilities, denial of access to medical services and treatment in various prisons is evident.
In concrete examples, based on conversations with several female prisoners about the prison conditions and also considering the news published by prisoners, it is evident that women are deprived of basic hygiene facilities and necessary medical care. Despite the fact that providing hygiene supplies to prisoners is explicitly the responsibility of the prison organization, the most basic supplies – such as a simple sanitary pad, which is necessary for women, or soap, shampoo, and personal towel – are either not provided to women or are given as a reward in exchange for complying with the demands of security officials and prison guards, or are given in exchange for money or favors. These conditions may not be available for the majority of female prisoners, even if they have the financial means. However, even in the case of having financial means, these supplies should be provided free of charge to prisoners. These conditions lead to physical illnesses and exacerbate existing illnesses, ultimately endangering the physical and mental health of the individual and other prisoners.
The approved regulations of 1400 by the head of the judicial power, with a security approach based on the Islamic Republic, have delegated the use of medical facilities for the transfer of female patients to treatment centers outside of prison to the permission of executing judges or prison supervisors. Furthermore, most reports indicate that judges or prison authorities do not accept the transfer of prisoners to medical facilities, which has effectively put the right to health at risk.
Furthermore, a number of women who were detained during the “Women’s Freedom Movement” were reported to have died a few days after their release for various reasons – mostly related to lack of medical care and treatment during their detention. Of course, the methods of oppressive governments have always been based on denying or obscuring the issue, and so far, official authorities have not taken any responsibility for the consequences of lack of medical attention or inadequate health facilities for imprisoned women or even male prisoners. Additionally, due to the absence of independent and impartial institutions in prisons, it is practically impossible to provide a comprehensive report on these cases.
In the criminal justice system of the Islamic Republic, deprivation of health and medical services is generally used as a tool by the system to achieve its own goals, such as obtaining forced confessions or imposing additional punishment and humiliation on prisoners. Due to the fact that the majority of detainees – especially political and security detainees – are deprived of the right to visit their families and lawyers, it is impossible for families and loved ones to be informed about the physical condition and needs of the prisoner. The lack or shortage or obstruction of prisoners’ access to health facilities and medical services has systematically and deliberately targeted the health of prisoners.
By looking at international human rights documents and the practices of international courts regarding the lack of sanitary facilities and medical services, it becomes clear that these actions by prison authorities are in direct conflict with human rights documents and are considered a violation of the prohibition of torture and mistreatment of prisoners. Furthermore, these actions disproportionately affect women compared to men, due to the lack of classification of female prisoners and their specific needs for access to sanitary facilities, appropriate nutrition, and specialized care. Therefore, it is necessary for domestic and international human rights organizations and institutions to intervene in order to address these issues.
On the other hand, it seems that the current government is using deprivation of healthcare services as an additional punitive measure towards the women’s movement for freedom. They are using it to further their own desires and goals, and there is no one or institution held accountable for this behavior. This issue is similar to the incidents that occurred with girls’ schools and poisonings, and the potential consequences and effects of it are still unclear and may become more apparent in the future. It can be considered as a clear example of gender discrimination.
As a result, it seems necessary to pursue legal actions in domestic courts, along with providing reports and following up with international human rights organizations, and holding prison authorities and judicial officials accountable for their duty of directly monitoring the actions of prison organizations and their provisions and educational measures. This can help prevent some of the systematic and deliberate mistreatment of women in prisons, which puts them at risk of physical and psychological harm. These behaviors, which include torture, excessive punishment of prisoners, and abuse of power by officials, are not only against the laws of the Islamic Republic, but also have the potential to be brought to court and for the responsible officials to be held accountable, as long as they are not systematic. However, evidence and circumstances show that these conditions have been deliberately created for female prisoners. Therefore, in addition to pursuing domestic legal actions, seeking help from international organizations can also play a significant role in slowing down or stopping this cycle of human rights violations and threats to the health of prisoners.
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Answering all questions Bangkok laws Conservation Freedom Gender discrimination 2 Monthly Peace Line Magazine Peace Treaty 158 Prison hygiene 2 Prison medical services Prisoners of the prison. Prisoners' hygiene ration Qasem Baadi Sanitary strip 2 Woman, freedom of life Women Prisoners Women's prison 2