HUMAN RIGHTS AND NIGERIAN PRISONERS--ARE PRISONERS NOT HUMANS?

In Nigeria, just like in many other parts of the world, one of the most extensively discussed issues on the public agenda today is the increase in prison population. The aims of imprisonment are protection, retribution, deterrence, reformation and vindication. Investigations revealed that the prison services have been,neglected more than any other criminal justice agency in Nigeria. For example, most of the prisons were built during the colonial era for the purpose of accommodating a small number of inmates. Human Rights are the basic guarantees for human beings to be able to achieve happiness and self-respect; consequently, in most jurisdictions, the Human Rights Act confirms that these Rights do not stop at the prison gates. However, most States fail to meet the Human Rights obligations of their prisoners. As regards to health, for example, every prison should have proper health facilities and medical staff to provide dental and psychiatric care among others. This article discusses the Nigerian Prison System and challenges, trends and the related Human Rights and Ethical issues in Nigerian prisons. Some of the unmet needs of Nigerian prisoners which include, inter alia, living in unwholesome cells, delayed trial of inmates, lack of voting rights, access to information, lack of conjugal facilities for married prisoners, poor and inadequate nutrition, poor medical care, torture, inhumane treatment and the need to protect prisoners in a changing world. The present report has policy implications for reforming prison services in Nigeria, and countries that sing from the same song sheet with Nigeria on prison services, to conform to the Fundamental Human Rights of prisoners in the 21St century.

Forensic age estimation in anti-piracy trials in Seychelles: Experiences and challenges faced.

Forensic age estimation (FAE) was conducted using a multifactorial method on thirteen Somali detainees claiming juvenile status during the anti-piracy trials of the Seychelles Supreme Court in 2014/2015. A multidisciplinary team, comprising of four of the authors covering specialties in forensic medicine, forensic odontology and radiology, conducted the FAE using a five-stage protocol. Each detainee was interviewed with an interpreter and examined for disorders affecting dental/skeletal development and for assessment of genital development through Tanner staging. Dental maturity was assessed clinically and radiologically. Eruption stage was assessed using Olze et al. and mandibular third-molar maturity was assessed using Demirjian's classification. Skeletal maturity was assessed from hand-wrist X-rays according to Greulich & Pyle and from CT-clavicle according to Kellinghaus et al. and Schultz et al. Interpretation of findings was done using reference population data from similar ethnic and social backgrounds wherever possible. Final age-ranges were calculated by combining dental and clavicle maturity stages using the regression formula developed by Bassed et al. followed by a 10% correction factor. The team later testified on their findings under cross-examination. The protocol adopted by the authors increased the scientific validity of the findings and was useful in addressing cross-examination queries on exclusion of developmental disorders, ethnic/socioeconomic variability and maintaining chain of custody. Unforeseen jurisdictional and practical limitations were experienced but did not affect the outcome. Combining dental and clavicle developmental data provided the court with a much clearer picture on the likelihood of the detainees' juvenile status which emphasizes the importance of conducting more population studies using combinations of different developmental sites. The authors note that available reference data is mostly from affluent populations whereas FAE is mostly required in individuals from less-developed regions. Regional networks that collate and share population-specific data need to be established to overcome these limitations.

Appeal in spitting case.

AIDS: The Ohio Supreme Court heard arguments in a bid to reverse a conviction of an HIV-positive man who spit at a police officer. [Name removed] was sentenced to 3 to 15 years for felonious assault because he used a deadly weapon, his saliva, to attempt to kill a police officer. He pleaded no contest to assault, but later appealed, saying no medical evidence showed that HIV was transmitted via saliva. A ruling is pending.^ieng

Inmates face tougher penalties for spitting, hurling wastes.

AIDS: A new Rhode Island law makes it a felony for prison inmates to throw body fluids at corrections officers. Anyone incarcerated or in custody who heaves any bodily fluid at a corrections employee is liable for up to five additional years in prison and a fine ranging from $500 to $5,000. The term bodily fluid has not been clearly defined, but it is assumed that this includes saliva. Steve Brown, executive director of the Rhode Island chapter of the American Civil Liberties Union, claims this law is unnecessary because no case has been reported of a person contracting HIV through spitting. Representatives for the correctional officer's union state that this law protects prison personnel from exposure to HIV and other diseases.^ieng

[Medicine behind bars. Illness is usual not grounds for modifying imprisonment]. / Medizin hinter Gittern. Krankheit ist meist kein Grund für eine Haftverschonung.

The article describes the possibilities of medical care in prison as exemplified by the Kassel 1 prison with its attached central hospital facility. The main areas of medical care covered there are the treatment of wounds, conservative treatment of fractures, ophthalmology, ENT, urology, dentistry and, via external consultant physicians, also internal medicine, pneumology, dermatology and gynecology. Such infections as hepatitis B and C, syphilis, and tuberculosis have a greater prevalence among prisoners--in contrast to other infections afflicting people housed under similar living conditions, such as in communal living facilities, which show no such increased prevalence. Furthermore, there is a relatively high percentage of injuries, including those that are self-inflicted. The problem of certifying a prisoner medically unfit to tolerate imprisonment is discussed.

Texas inmate who spat on guard loses habeas appeal.

AIDS: The Fifth U.S. Circuit Court of Appeals has rejected [name removed]' petition for a writ of habeas corpus after concluding that [name removed] could have killed a prison guard by infecting him with saliva. [Name removed], a prisoner with HIV, will spend the rest of his life behind bars for spitting in the prison guard's face in June 1988. However, the prosecution never established that virus was present in [name removed]' saliva, and the guard tested negative for HIV antibodies. The appeals court decided to uphold the jury's decision to believe the witnesses who testified that HIV could be transmitted through saliva. Although the appeals court found that the defense presented enough scientific evidence to show that HIV cannot be transmitted by saliva, the court decided that as long as some evidence existed for the jury to draw its conclusions, they could not disturb the jury's assessment. The defense also contended that the trial judge gave improper instructions to the jury in how to evaluate whether an act tends to but fails to effect the commission of murder. The appeals court found the judge's instructions to be flawed, but not so much as to harm [name removed]' due process rights.^ieng

Single cells, segregated housing, and suicide in the New Jersey Department of Corrections.

Single-cell and segregated housing are established risk factors for suicide in prison. The importance of these factors together may represent a disproportionate risk and are both modifiable. We tallied the housing locations and single- versus double-cell status of the 26 inmates who committed suicide in the New Jersey Department of Corrections (NJDOC) from 2005 through 2011, and compared the suicide rates in these housing arrangements. All single-cell housing in the NJDOC (whether segregated or general population) represented a higher risk of suicide than double-cell housing in the general population. Single-cell detention was the riskiest housing in the NJDOC, with a suicide rate that was more than 400 times the rate of suicide in double-cell general population housing and 23 times the rate of suicide in the prison system overall. The odds ratios of suicide in single-cell detention represent the highest reported in the literature in terms of risk factors for suicide in prisoners. Apprised of this risk, the NJDOC, assisted by its mental health vendor, University Correctional Health Care (UCHC, of Rutgers University, formerly the University of Medicine and Dentistry of New Jersey), adopted in 2012 a practice of default double-celling of inmates placed in detention.